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(영문) 대구지방법원 2019.01.09 2018구합22120
용도폐지처분 취소 등
Text

1. The head of the Dong-gu Metropolitan City Dong-gu on March 23, 2018 and the corresponding damage;

5. 18 The imposition of each indemnity against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running a housing construction business, etc. in Daegu Suwon-gu D.

On April 30, 2015, the Plaintiff obtained approval from the Daegu Metropolitan City Mayor for the housing construction project with the content of constructing apartment (356 households) in the name of “G” in the name of “G” (356 households) and ancillary and welfare facilities in the aggregate of 15,520 square meters (hereinafter “instant project site”) of F and 76 parcels, including F, Dong-gu, Daegu (hereinafter “Edong”) pursuant to Article 15 of the Housing Act.

B. In addition, the said housing construction project plan included the contents of the construction and extension of existing infrastructure (road), such as Class 1 H (H: J) and Category 2 K (J: L, terminal: M) in small-ro 2 lines.

C. When the Daegu Metropolitan City Mayor approves the said housing construction project plan to the Plaintiff, the Daegu Metropolitan City Mayor imposed the conditions of approval that “the old maintenance (N,O, P, and Q included in the instant project site may be transferred free of charge within the scope of the cost required for the installation of alternative facilities, and the new public facilities shall be reverted to the pertinent management agency without compensation after the completion of the construction,” and the conditions of approval that “40. The construction of the urban planning road (H, H, and H, 2) shall be donated to the management agency after the completion of the construction of the said urban planning road.”

On the other hand, on March 2, 2016, pursuant to Articles 86, 88, and 89 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the head of the Dong/Dong designated an operator of an urban planning facility project (road) as the Plaintiff and authorized and publicly notified the implementation plan as follows.

(F) The location of the Daegu Metropolitan City Dong-gu r. Project site: The type and name of the Nwon project site - The name of the urban planning facility project site (road): The scale of the project for the construction of the G apartment site (HH line 2): The width of 8 meters, the extended 136.5m: The commencement date and the completion date of the project: the commencement date of the Plaintiff project: the completion date of the project: the land expropriated or used on February 28, 2018; or

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