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(영문) 부산지방법원 2014.10.23 2014구합20613
사업시행변경인가 처분 등 일부취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is, on March 12, 2007, a housing redevelopment and rearrangement project association which obtained authorization from the Defendant on March 12, 2007 for the purpose of implementing the housing redevelopment and rearrangement project (hereinafter “instant project”) with the land of 20,722 square meters in the Seo-dong, Seo-gu, Busan as the project implementation district (hereinafter “instant project district”). The Defendant is an administrative agency in charge of authorization for the establishment of housing and authorization for the implementation of the project.

B. On August 26, 2004, the head of Busan Metropolitan City announced the designation of an improvement zone as the Busan Metropolitan City’s announcement No. 2004-229 on August 26, 2004, and thereafter publicly announced the designation of an improvement zone as the Busan Metropolitan City announcement No. 2007-367 on September 19, 2007, and the Busan Metropolitan City announcement No. 2013-292 on August 14, 2013.

C. On November 30, 2007, the Plaintiff filed an application for authorization for project implementation with the Defendant by including a construction plan on a new community service center (651 square meters, total floor area 496.18 square meters, hereinafter “new community service center”) instead of the existing community service center (hereinafter “former community service center”) located within the instant service area, which was newly constructed around November 30, 207. The Defendant imposed the conditions of authorization for project implementation on March 5, 2008, stating that “The Defendant shall gratuitously revert to the Defendant prior to the completion of the construction of a new site (i.e., the old community service center is transferred without compensation, and the Plaintiff bears the new construction cost and new construction cost of the community service center, and then reverts to the Defendant).”

On December 20, 2013, the Plaintiff filed an application for the change of project implementation plan to change the project implementation plan approved as above to “24, 5, 429, 64, 984.32 square meters on underground third-rises, project cost of 113,18,287,00 won,” and “the business nature has deteriorated.”

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