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(영문) 서울중앙지방법원 2020.02.13 2018가합507160

원상회복 등 청구

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The Plaintiff is an area D with a size of 34,634m2,00,000,000 Won C,00,000.

) From August 2017, the total of 1,237 units of E Apartment, which is expected to be completed (hereinafter “instant apartment”).

2) A new project (hereinafter referred to as “instant project”)

(2) On November 15, 2013, G Co., Ltd. (hereinafter referred to as “G”) which is an affiliate company of the Defendant (hereinafter referred to as “G”) filed an application for approval of a project plan for a special planning zone of 63,496.75 square meters adjacent to the instant project area on several occasions with the Gyeonggi-do Office of Education (hereinafter “Office of Education”) to obtain approval of a project plan, and G submitted a plan for the establishment of an elementary school on several occasions in order to obtain approval of a project plan, based on its explanation of positive opinions as to the new construction of an elementary school at the G G site in the Yongsan-si District J District, the Office of Education changed on May 28, 2015 to the apartment housing project (the scheduled completion of the project, June 6, 2019; hereinafter referred to as “the instant 2 project”) with respect to the said I special planning zone, and the project operator was modified on March 23, 2015.

B. B. Before the first agreement, the Plaintiff obtained the approval for the alteration of the housing construction project plan from the K Elementary School on October 2014, 2014, which was after the acquisition of the instant first project. Of the above approval conditions, the Plaintiff included a consultation with the Office of Education having jurisdiction over the K Elementary School (No. 2) on the extension of the K Elementary School adjacent to the instant project area for the elementary school students moving into the instant apartment among the above approval conditions. (2) On July 2015, the Plaintiff prepared and submitted the plan for the extension of the K Elementary School (No. 2) to the Office of Education.

3. The Office of Education shall enter into an agreement for extension with the plaintiff.