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(영문) 수원지방법원 2016.03.31 2015가단131075

제3자이의

Text

1. The Defendant’s claim is regarding loans, etc. to remodeling construction companies in Busan District Court 2012 tea17733.

Reasons

1. Article 65 of the former National Land Planning and Utilization Act (amended by Act No. 8852, Feb. 29, 2008; hereinafter “former National Land Planning Act”) (2) In cases where a person who has obtained permission for development is not an administrative agency, a public facility newly installed by a person who has obtained such permission shall gratuitously vest in the management agency to manage such facility, and a public facility, the use of which is ceased due to development activities, may be transferred without compensation to a person who has obtained such permission within the extent equivalent to the installation cost of a public facility newly installed, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act.

The provisions of Article 65 shall apply mutatis mutandis to the case where public facilities are newly installed or public facilities replacing the existing public facilities are installed through an urban planning facility project.

In such cases, "when the completion inspection is completed" in Article 65 (5) shall be deemed "when the completion inspection is completed (referring to the time the completion inspection under Article 98 (4) is published in cases of the Minister of Construction and Transportation or the Mayor/Do Governor)", and "documents attesting that the operator has undergone the completion inspection under Article 62 (1)" in paragraph (7) of the same Article shall be deemed "the certificate of completion inspection under Article 98 (3) (referring to documents attesting that the operator has made the public announcement of completion under paragraph (4) of the same Article in cases of the Minister of Construction

(4) Where the owner of a building obtains approval for use under paragraph (2), he/she shall be deemed to have obtained or filed an application for approval for use, inspection for completion, or registration under the following subparagraphs, and in cases of a factory building, Article 14-2 of the Industrial Cluster Development and Factory Establishment Act: