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(영문) 울산지방법원 2018.12.13 2018구합6793
사업승인취소
Text

1. All lawsuits filed by Plaintiff A shall be dismissed.

2. All of the claims of the Plaintiff Company B are dismissed.

3...

Reasons

1. Details of the disposition;

A. On July 31, 2007, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) obtained the approval of the housing construction project plan, which was to be executed from Defendant Ulsan-gu Seoul Metropolitan City Mayor and 53,022 square meters of H, Ulsan-gu, and 102 square meters of H, Ulsan-gu.

B. However, the Plaintiff A could no longer proceed with the business due to the default of construction works for the above housing construction project, and the land acquired by the Plaintiff A and trusted to C in the process of the housing construction project (hereinafter “existing land acquired by the Plaintiff A”) was re-trusted to C on October 2, 2012 after the public sale procedure under the Trust Act (hereinafter “public sale procedure of trust property”) was completed on October 2, 2012.

C. On April 16, 2015, the Defendant Ulsan Metropolitan City Mayor issued a disposition to approve the housing construction project plan (hereinafter “instant housing construction project plan approval disposition”) to implement the project plan for the housing construction project that intends to implement with respect to the area of 30,554 square meters (hereinafter “instant land”).

The land of this case includes the existing land acquired by Plaintiff A. D.

After the approval of the instant housing construction project plan and the instant housing construction project plan, the Defendant Ulsan Metropolitan City Mayor announced D’s public notification of the Ulsan Metropolitan City on April 23, 2015 (hereinafter “public notification of the instant housing construction project plan approval and topographic drawings for the F district unit plan”) (hereinafter “public notification of the instant housing construction project plan approval and topographic drawings”).

E. Since September 3, 2015, the head of the North Korea Office of Ulsan Metropolitan City announced G-ro Urban Planning Facility Project implementor designation (road, park, green belt) and the authorization of implementation plan (hereinafter “instant urban planning facility project notification”) as a public announcement of the North Korea Office of Ulsan Metropolitan City on September 3, 2015.

F. K Co., Ltd. (hereinafter “K”) received a housing construction project from C around September 18, 2015, and the head of the Silsan Metropolitan City North Korea is subject to the announcement of the instant urban planning facility project on November 26, 2015.

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