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(영문) 수원지방법원 2014.08.14 2011구합8766

도시개발사업시행자지정신청거부처분취소

Text

1. The plaintiff's lawsuit of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The United Nations Co., Ltd. proposed that the Defendant designate a single unit of 2458 Sinnam-dong 2458 (hereinafter “the site for the First Corporation”) as an urban development zone. On May 15, 2009, the Defendant: (a) designated the land size of 84,235m2 as the Sinnam-si 2458m2 as the Sinnam-si 13m2 as the Sinnam-si 2458m2 as the Sinnam-si 13m2 as the Sinnam-si Urban Development Zone; and (b) publicly announced this as an urban development project under Article 22 of the Urban Development Act (hereinafter “the instant urban development project”).

B. On November 209, the Plaintiff acquired the right to the instant urban development project from UNFCCC Co., Ltd., and entered into a loan agreement to the extent of KRW 370 billion with the next limited company on November 20, 2009, and on the same day, entered into a loan agreement with 370 billion with the next limited company, and acquired the right to 92% of the land in the Seongbuknam Urban Development Zone.

C. Around May 25, 2010, the Plaintiff filed an application with the Defendant for designation as an implementer of the instant urban development project, but the Defendant rejected the application on July 6, 2010, and filed an application with the Gyeonggi-do Administrative Appeals Commission. The Gyeonggi-do Administrative Appeals Commission revoked the above rejection disposition on December 30, 2010 by the Defendant on July 6, 2010.

Accordingly, the defendant requested the plaintiff to submit supplementary data, but the defendant eventually rejected the plaintiff's above application on May 2, 201.

E. Around June 7, 2011, the Plaintiff filed an application with the Defendant again seeking designation as an implementer of the instant urban development project, but the Defendant rejected the said application on August 16, 201.

(B) The Defendant, on May 29, 2012, runs counter to the disposition of refusal as stated in Paragraph (d) (hereinafter “instant disposition”). On the other hand, the Defendant, on May 29, 2012, interesting in gender.