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(영문) 부산고등법원 2015.06.04 2013나9406

매매대금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 25, 2003, the Plaintiff obtained authorization for the establishment of a housing reconstruction rearrangement project (hereinafter “instant rearrangement project”) with respect to 198,035 square meters of land 1525 square meters in Busan-dong, Daegu-dong, Busan-gu, Busan-do, from the head of the Busan-do Maritime Government.

B. (1) On November 5, 2007, the Plaintiff obtained the authorization from the head of the Busan Metropolitan Government Maritime Government on the construction of multi-family housing with 5 stories underground and 53 stories above ground and 2,369 households above the site of the instant rearrangement project zone, and the authorization to implement the instant rearrangement project, the main contents of which are the construction of rearrangement infrastructure and the abolition of use as described in Table 1 below.

In attached Table 1, the types of infrastructure to be newly installed for the improvement of use of infrastructure shall be the implementer and the person who bears the burden of the cost of the operator and the person who bears the cost of the cost of the maintenance infrastructure to install the new infrastructure for the improvement of use, and the content of the cost of 32,198.3m2,71.7m2,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

The attached Table 2 shall be the owner (management office) of the area for the land category of the urban planning of the State-owned or public administrative property (based on maintenance) facilities (based on maintenance) subject to the transfer without compensation, which is 1524-1,108.40 Gong1,108.40 3,715.7 1527-21,43.30 1,443.30 Ga-dong 1524-31, 164.00 1,64.0 Ga-dong, 1527-21, 443.30 Ga-dong, 1539.333,45.2 Do-2, 32,145.32,143.5 Do-2, 32, 145.32, 193; 1523-4.39.39, 39.5 May 15, 195>

C. After that, on July 20, 2009, the Plaintiff obtained the authorization from the head of the Busan Metropolitan Government Maritime Affairs Office to change the contents of the instant improvement project into apartment houses with the scale of 7 stories underground and 53 stories above ground and 2,369 households above ground. The modified approval statement includes a plan for the installation and disuse of fundamental infrastructure, such as the above attached Table 1.

However, Busan Metropolitan City.