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(영문) 부산지방법원 2014.11.28 2014구합21494

부관취소청구

Text

1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. On August 4, 1998, in order to establish an access route for the project site of the urban planning project “project for the development of the multi-functional waste disposal facilities” (authorized by the head of Busan Metropolitan City on November 9, 1998), the security industry fostering industry applied for authorization on the implementation plan of the urban planning project “the project for the partial opening of the 2-18th line” (hereinafter “road construction project”) to the Defendant, and on September 10, 1998, the Defendant approved the plan under the following conditions (hereinafter “the first conditions for authorization”).

8.Public facilities to be installed in this project section shall be installed in accordance with the project plan and execution plan drawings and shall be reverted to us free of charge, which is the road maintenance management agency, until completion pursuant to Article 83 of the Urban Planning Act.

On September 4, 2007, a development industry corporation filed an application with the Defendant for authorization to modify the implementation plan of the road construction project of this case on the condition that the road length of the road construction project of this case is reduced, and the Defendant approved the application on October 16, 2007 with the following conditions (hereinafter “the second approval conditions”).

1. He succeeds to the conditions for the initial authorization of the implementation plan and the modification thereof;

On the other hand, when the above waste disposal facility development project and the road construction project of this case were faced with difficulties due to various civil petitions, etc., the fostering construction corporation changed the project operator to the plaintiff. On October 1, 2010, the plaintiff filed an application with the defendant for authorization to change the implementation plan of the above road construction project from the fostering construction corporation to the plaintiff, and obtained authorization from the defendant on October 29, 2010 under the following conditions (hereinafter "third conditions for authorization").

1. The time of succession to the conditions originally granted at the time of authorization and authorization of modification, and simultaneously at the same time, the time of completion of an urban planning facility project within the period for which the application for change was filed ( September 30, 201) and the time of completion of the application within the period ( September 30, 201).