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(영문) 서울고등법원 2018.11.30 2017누86677

주택건설사업계획승인부관 무효확인 청구

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1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. To additionally claim the costs of appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff is an executor who newly constructs and sells the instant apartment on the ground of 66,137 square meters on the land of 66,137 square meters in Yongsan-gu, Yongsan-gu (hereinafter “the instant site”), Seoyang-si, Seoyang-si, with the approval of the housing construction project plan for newly constructing and selling the instant apartment (hereinafter “instant apartment”), which is of the scale of KRW 1,934, the total project cost of KRW 1,616,020,000, the scale of KRW 1,111,01 square meters and KRW 66,137,000.

(hereinafter referred to as the “instant project” and the plan for the new construction and sale of the instant apartment is called the “instant project plan”). B.

1) On August 11, 1993, the instant site was designated as a distribution business facility to attract the distribution center of publications, i.e., a public announcement of the Ministry of Construction and Transportation on August 11, 1993. However, upon the creation of a publication complex at the time of Goyang-si, the Korea Land and Housing Corporation, the owner of which was the Korea Land and Housing Corporation, was divided into D Co., Ltd. (the Plaintiff, etc. on December 20, 2006) through open bidding on December 20, 1998.

(2) The Plaintiff applied for the determination of modification on urban planning four times from around 1999 to 2003 in order to construct a main apartment in the instant site, but all of the Defendant rejected it against the Gyeonggi-do Governor’s opposition.

3. On May 26, 2006, the Plaintiff promised not to sell to the Defendant even if there is any change in land use, such as a change in the basic urban planning, etc. of the site of this case. 2. In principle, prior to the implementation of the alteration of the urban management plan and the basic urban planning on May 26, 2006, the Plaintiff agreed with ancient cities, etc. on the donation and project plan prior to the implementation of the alteration of the urban management plan and the district unit planning, and the implementation of the project by collecting the maximum amount of the people.