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(영문) 부산지방법원 2014.02.20 2013구합1271

도시계획시설 개설의무 확인

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1. The defendant shall pay to the plaintiff 2,059,419,820 won and the "amount of the defendant's share" stated in the attached Form.

Reasons

1. Basic facts

A. The Plaintiff is a construction project with the aim of contributing to the stabilization of citizens’ residential life and the improvement of welfare and community development through an urban development project. The Defendant is a redevelopment and rearrangement project partnership with the total of 564 households with the third-story apartment houses with the third-story apartment houses with the 25-dong underground floors (hereinafter “instant housing redevelopment project”).

B. On October 2, 2007, the Defendant obtained the authorization of the implementation plan for the housing redevelopment project from the head of the Nam-gu Busan Metropolitan City head of the Gu in addition to the “The authorization conditions for the housing redevelopment project” (hereinafter “the authorization conditions for the housing redevelopment project”) “I will consult in advance to implement the housing redevelopment project by obtaining the authorization of the implementation plan for the urban planning facility project at the end of December 13, 2005, the B=17m, L=34m (the four-lanes, four-lanes, and one side on the side) at the end of the traffic impact assessment on December 13, 2005.”

C. On May 31, 2010, the Plaintiff was established by the Busan Metropolitan City Mayor from the Busan Metropolitan City Mayor “Cro (hereinafter “Gro”) in compliance with the deliberation and resolution on traffic impact analysis and improvement plans to be implemented. Of Cro, the sections overlapping with the implementation sections of the instant housing redevelopment project (hereinafter “instant roads”) were implemented in consultation with the Defendant. However, when the instant housing redevelopment project is not implemented, the Plaintiff was approved for the housing construction project in addition to the “approval Conditions” (hereinafter “instant Housing Construction Approval Conditions”) to be established in compliance with the traffic impact analysis and improvement plan deliberation and resolution.

While the Defendant did not build the road of this case, the Plaintiff was in good faith.