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(영문) 부산고등법원 2019.01.10 2018나52641
지구단위계획변경신청 절차이행 청구의소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Pursuant to Articles 23, 27, and 29 of the Act on the Development and Operation of Logistics Facilities, the Ulsan Metropolitan City Mayor designates and publicly announces the area of 663,57.8 square meters in Ulsan-gu, Seoul-dong as “B complex” and designates the Defendant as the project implementer of the above logistics complex phase 2 development project (hereinafter “instant project”). On December 15, 201, the Defendant approved and publicly announced the implementation plan for the second stage development of the B Complex established by the Defendant (Public Notice D in Ulsan Metropolitan City), and the Defendant is proceeding with the above project after obtaining approval of the implementation plan several times.

B. On May 25, 2012, the Plaintiff and the E Co., Ltd. (hereinafter “E”) jointly sold F and G site Nos. 32,325 square meters from the Defendant, jointly with the Defendant.

C. On November 6, 2012, the Plaintiff and E requested the Defendant to divide the land jointly sold as above to the Defendant to apply for the allocation of shares and to modify the sales contract to the Plaintiff and E, and the Defendant accepted it.

Accordingly, on November 23, 2012, the Plaintiff and the Defendant concluded the instant sales contract (hereinafter “instant sales contract”). Based on the said sales contract, the Defendant obtained approval from the Ulsan Metropolitan City Mayor on April 17, 2014 to revise the two-stage development plan of the B complex (H announcement of Ulsan Metropolitan City) and the modified matters were reflected in the district unit planning overall map.

The location where the original contract site is indicated in B-Class 2 development project contract for the development project: The current contract for the development project for the development project for the development project for the development project for the development project: F, G 32,35 square meters: The current contract for the development project for the development project for the development project for the development project for the development project: F, G 32,325 square meters: The contract for the housing complex: The location where the contract site is indicated in accordance with the terms and conditions of the contract for the alteration of the plaintiff: the current contract for the development project for the development project: 13,223 square meters: the contract for the sale facility and cultural assembly facility: the contract for the development project for the development project for the development project for the development project for the development project: EF, G 13,223 square meters of the total contract for the development project for the development project for the development project for the development project

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