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(영문) 수원지방법원 2015.06.30 2014구합59673
환지계획인가조건의 부담 부분 취소 청구
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1. Paragraph (d) of Article 10 among the conditions of authorization attached to the land substitution plan authorization disposition issued by the Defendant against the Plaintiff on March 12, 2014.

Reasons

1. Basic facts

A. The Governor of the Gyeonggi-do, on February 10, 2009, designated the size of 436,898.4 square meters as an urban development zone under the Gyeonggi-do Public Notice No. 2009-55 on February 10, 2009, and established an urban development plan and publicly announced it on July 31, 2009 by the Gyeonggi-do Public Notice No. 2009-292.

B. The Plaintiff is an urban development project association that obtained authorization for the establishment of the Urban Development Act on March 27, 2009 with its purpose of urban development project as an urban development project.

C. The Plaintiff obtained authorization from the Governor of the Gyeonggi-do for an implementation plan for the urban development project of Pyeongtaek-si District (hereinafter “instant project”).

On April 1, 2010, the Governor of the Gyeonggi-do publicly notified an implementation plan approved as above by Gyeonggi-do Notice No. 2010-103 on April 1, 2010, and publicly notified an implementation plan approved as revised by Gyeonggi-do Notice No. 2012-259 on September 7, 2012. The relevant part of the contents is as follows:

6. Implementation method: Replotting method; and

7. Class 1 neighborhood living facilities (excluding massage parlors, bars, funeral rooms, and gun retail stores) Class 4 subparagraph 4 subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act [Attachment Table 1] of the Enforcement Decree of the Building Act for the purpose other than the permitted purpose of non-permission of business facilities under subparagraph 7 of attached Table 1 of the Enforcement Decree of the Building Act [Attachment Table 1] of the Building Act for the purpose other than the purpose of use for non-permission of business facilities under subparagraph 7 of attached Table 1 of the Enforcement Decree of the Building Act [Attachment Table 1] of the Building Act for the purpose of use, building-to-land ratio, floor area ratio, height, placement, form, color, building lines, and other similar matters for buildings - indoor speculative activities similar thereto such as sexual appliances handling business, indoor telephone rooms for adults exclusive use, adult-only viewing rooms, and facilities related to business exclusive for adults and other similar facilities:

D. On November 11, 2013, the Plaintiff prepared a replotting plan under Article 28 of the Urban Development Act, and subsequently applied for authorization of a replotting plan to the Defendant on November 11, 2013, and the Defendant against the Plaintiff on March 12, 2014.

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