logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.12.21 2018누4206
이주자택지공급대상자 제외처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to the instant case is as stated in the reasoning of the judgment of the first instance, except for the modification or addition of judgment as to the allegations of the first instance as follows. Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. A corrected or added portion;

A. In the 8th sentence of the judgment of the court of first instance, “The instant disposition” was revised to “a confirmation of the grounds alleged by the Plaintiffs and the statement of evidence Nos. 1 through 13 (Provided, That part of the evidence No. 13-1 is a confirmation of the fact that, in light of the above circumstances, the reasons alleged by the Plaintiffs and the statement of the siblings No. 1 through 13 are written to help the Plaintiff, and it is difficult to believe it as it is) alone, to read “The instant disposition, except for the Plaintiffs, violates the principles of mistake of facts or proportionality.”

B. Article 40(3)2 of the former Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Presidential Decree No. 28806, Apr. 17, 2018) (amended by Presidential Decree No. 40(3) and (4) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects) shall be amended to “Article 40(5)2 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects” (amended by Presidential Decree No. 28806, Apr. 17, 2018).”

C. Of the 10 pages of the judgment of the first instance court, the judgment on the argument of the lower court as follows is added. D. The Plaintiffs are the subjects of relocation measures, if they were to register the ownership of the instant house due to inheritance after the death of Plaintiff B.

arrow