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(영문) 서울고등법원 2012.08.29 2011누19019
사업시행인가처분일부취소
Text

1. A housing redevelopment project performed by the Defendant to the Plaintiff on March 29, 2006 upon a claim for change of exchange at the trial.

Reasons

1. The reason why the court has cited the judgment of the court of first instance for the instant case is "1. Reasons why the disposition is taken;

2. Whether the vice-section of this case is legitimate

A. The plaintiff's assertion

B. In addition to the following cases, the relevant Act and subordinate statutes refers to the corresponding part of the first instance judgment (from the second fourth to the fourth second sentence) (from the fourth to the fourth one), and the corresponding part shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The second part shall be cited as “urban Redevelopment Project” in regard to housing redevelopment project. The second part shall be construed as “housing Redevelopment Project”. The second part shall be construed as “from the State or public land subject to sale, the State or public land subject to sale,” and the second part from the second part to the third second part, the condition that the project implementer purchase the non-owned land among the State or public land subject to sale, and the condition that the non-owned land should enter into a sales contract prior to the commencement of the construction

(hereinafter referred to as “the father of this case’s Sub-section 2.” The fourth to the fourth 6th “Attachment 2,” also includes “the roads, public vacant lots, parks, landscape greenbeltss, parking lots, squares, squares, common-use facilities, Dong offices, and Gu child care centers (total purchase amount of KRW 9,270,218,650) as infrastructure for the maintenance of the defendant’s possession, the use of which is ceased to exist due to the implementation of the instant project, and is determined and installed as infrastructure in accordance with the urban management planning under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). The fourth 11th is added to the “related Acts and subordinate statutes” attached to the “relevant Acts and subordinate statutes.

2. A new part.

C. Determination 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7960, May 24, 2006; hereinafter “Urban Improvement Act”).

Article 65 (2) shall gratuitously vest in the State or a local government to manage the infrastructure for rearrangement newly installed by a project implementer, other than the head of a Si/Gun or housing construction project, in the implementation of a rearrangement project.

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