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(영문) 인천지방법원 2017.02.10 2016구합51010

보조금지급청구

Text

1. The plaintiff's primary defendant shall claim 425,121,265 won and damages for delay against the plaintiff's primary defendant Seocheon-si.

Reasons

1. Basic facts

A. On March 12, 2007, the defendant father-gu Seoul Special Act on the Promotion of Urban Renewal (amended by Act No. 8786 of Dec. 21, 2007) designated the "B urban renewal acceleration district" (hereinafter the "promotion district in this case") which is an urban renewal acceleration district under the former Special Act on the Promotion of Urban Renewal, and on May 1, 2009, designated the area of 90,270 square meters of the Nowon-gu Seoul Special Metropolitan City Seoul Special Self-Governing Province as a district subject to the renewal acceleration district in this case on May 1, 2009 in accordance with the urban renewal acceleration plan.

B. The Plaintiff is a promotion committee organized to implement a housing redevelopment project in the instant rearrangement zone (hereinafter “instant rearrangement project”), and obtained approval from the Defendant Busan City on June 29, 2009.

C. On February 24, 2014, Defendantbucheon City issued an administrative advance notice that the instant promotion district and improvement zone will be revoked, as it is impossible to achieve the purpose of the designation of the promotion district in this case, and thus, the designation of the promotion district and improvement zone in this case was revoked on July 7, 2014, and accordingly revoked the approval of the promotion committee for the Plaintiff.

On October 29, 2014, pursuant to Article 15 of the Ordinance on the Maintenance of Urban and Residential Environments (hereinafter “instant Ordinance”), the Plaintiff submitted an application for subsidies to request the payment of KRW 1,244,215,960 to the Plaintiff’s cost of the rearrangement project pursuant to the “Ordinance on the Maintenance of Urban and Residential Environments in Bupyeong-si” to the Mayor of Bupyeong-gu

E. On October 30, 2015, Defendantbucheon-si: (a) determined the Plaintiff’s cost of using the Plaintiff’s rearrangement project as a total of KRW 90,711,056 through verification by the Review Committee (hereinafter “Review Committee”); (b) on November 16, 2015, Defendantbucheon-si notified the Plaintiff of KRW 63,497,00, which is 70 per cent of the amount of subsidies.

F. The Plaintiff filed an objection against the Plaintiff on December 7, 2015, but the Defendant Deputy City Mayor submitted additional data on December 22, 2015.