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(영문) 수원지방법원 2013.10.18 2011가합15202
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) Preparation 1 of the development plan of the new district in Suwon-si, Suwon-si, Shindong-dong, Sungdong-dong (hereinafter referred to as the “Seongdong-dong”) and Sungdong-dong is called the “Seongdong-dong” and the “Seongdong-dong-dong” as a general term.

The former Act on the Utilization and Management of the National Territory (amended by Act No. 6655, Feb. 4, 2002; hereinafter referred to as the "Act on the Utilization and Management of the National Territory")

(2) Article 6 subparag. 4 of the Enforcement Decree of the Act on the Utilization and Management of the National Territory(hereinafter “Enforcement Decree of the Act on the Utilization and Management of the National Territory”) is a quasi-agricultural and forest area prescribed in Article 6 subparag. 4, Article 6 subparag. 2 of the same Act and Enforcement Decree of the same Act.

(1) Article 7 subparag. 1(a) of the Act provides that a housing site development project may be implemented through a decision to modify a plan for utilization of the national land to a quasi-urban district under subparagraph 1(a) of Article 7. The Korea Land Corporation suspended the housing site development project at the same site in around 1997. After that, the Defendant City Mayor announced a new district as a housing construction site among the prospective development sites under the Basic Urban Planning Act for the purpose of developing a new housing site into a village district where the construction of a multi-family housing is possible. Since March 199, 29 companies (14 companies in the new district, 15 companies in the gender welfare district) filed an application for approval of the housing construction plan for the new housing construction in the new district. 2) On the other hand, the housing site development project that can be implemented in quasi-rural rural area was revised by Act No. 4572 of Aug. 5, 199, which led to the revision of the Act on the Utilization and Transportation of the Korea Land, Transport and Maritime Affairs and the name of Gyeonggi-do and the title of 99.

In addition, Gyeonggi-do is the defendant, the guidelines for formulating development plans for quasi-urban community districts on October 28, 1997, and the guidelines for formulating development plans for quasi-urban community districts on October 10, 1998.

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