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(영문) 전주지방법원 2016.04.22 2015가합3180

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing association that implemented a housing construction project to build apartment units in the Yansan-gu Seoul Special Metropolitan City (hereinafter “instant project”).

The defendant is a school foundation that operates E-high schools and F-middle schools in the Seoul Special Metropolitan City D in the Seoul Special Metropolitan City.

B. In order to improve old school facilities, the Defendant: (a) on March 29, 2006, entered the previous school site into the urban management plan (school); (b) on June 28, 2006, he applied for a change of urban planning facilities (public land) with the content of exclusion of some unused land from the previous school site; (c) on June 28, 2006, he applied for a change of urban planning facilities (public land) with respect to the above school site, such as the 3,012 square meters in the previous school site, the 37 square meters in the 350 square meters in J road; (d) 34 square meters in the J road; and (e) on September 22, 2006, the previous city filed an application for a change of urban planning facilities (public land) with respect to the 10 square meters in the area of the previous school site; and (e) on September 22, 2006, the green area on the side of the original city should be preserved into the relevant urban planning facility site (302 square meters).

3) On December 18, 2006, the Jeonju Mayor: (a) included the above school site of 22,680 square meters, including 22,680 square meters, G school site of 3,012 square meters; (b) 37 square meters in J-road of 350 square meters; (c) 34 square meters in K, 10 square meters in total; (b) 517 square meters in H school site of 517 square meters in I; and (c) 671 square meters in total of 934 square meters in a school site of Ma; (b) included the above G school site of 3,012 square meters in a school site of Do as public land; and (c) publicly notified the topographical map; and (c) publicly notified the topographical map of 10 square meters in each of the urban planning facilities (a public land of eF, 3012 square meters in a public land).