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(영문) 창원지방법원 2017.08.22 2016구합52635
진주평거4지구도시개발사업 실시계획 등 인가고시 일부 취소청구
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1. The part of the Plaintiff’s lawsuit against the Defendant Jinju market, and the part of the appeal against the Defendant Jinju-do Governor, against which the primary cancellation is sought.

Reasons

1. Details of the disposition;

A. The Plaintiff is a juristic person owned the land and the building on the land of Pyeongtaek-dong, 1065-66 and 11, which is located within the area of the urban development project in the Jinyeong-gu four District (hereinafter “instant project”), and is leasing the “MMamas Elderly Care Hospital” (hereinafter “instant hospital”), which is a medical facility, in the said real estate.

B. On September 19, 2007, the Defendant Jinju Mayor filed an application with Defendant Jinju-do Governor for the designation of the instant site as an urban development zone with respect to the KRW 482,050,050,000,000,000 (hereinafter “instant site”) including the said real estate.

Accordingly, on January 18, 2008, the defendant Gyeong-nam Do Governor established an urban development plan with the following contents, and designated the project site of this case as an urban development zone, and announced it by the Presidential Decree No. 2008-21 on January 24, 2008.

1. Name: An urban development zone of Pyeongtaek-gu;

2. Location and area: 482,050 square meters per day, 646-40 square meters in Pyeongtaek-dong, Chungcheongnam-do, Chungcheongnam-do.

3. Purpose of designation: To designate as an urban development zone for the creation of a pleasant residential environment and systematic urban development through the stable supply of housing sites and the expansion of urban infrastructure; and

4. Implementers: An urban development project association of the Jin-si Four District of the Provisional Name.

5. Period and method of implementation: from the authorization date of implementation plan to the replotting method, and the replotting method;

6. A land use plan and infrastructure plan: Residential land [the single house site (62,228 square meters, 12.9%), land for multi-family housing (154,065 square meters, 32%), quasi-residential land (38,195 square meters, 7.9 percent), aggregate (254,48 square meters, 52.8%), land for urban infrastructure (schools, parks, public buildings, parking lots, rivers, reservoirs, public vacant land, roads, 227,562 square meters, 47.2 percent in total);

7. Details of land, etc., the owner and person concerned: omitted.

8. Period of application for authorization of implementation plan: Within two years from the date of public announcement of designation of a zone;

C. On June 4, 2009, the Do governor of the defendant Sejong-do refers to the implementation plan of the project of this case on June 4, 2009 (hereinafter referred to as "implementation plan of June 4, 2009").

(b).

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