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(영문) 대전지방법원 2017.08.18 2016구합105632
송산GC 협의양도인택지 동측 공급 거부처분취소 청구의 소
Text

1. The Defendant’s rejection disposition against the Plaintiff on October 7, 2016 against the supply of the same site is revoked.

2...

Reasons

1. Details of the disposition;

A. The Defendant is a project implementer of A development project (hereinafter “instant project”) which is an industrial complex development project under the Industrial Sites and Development Act (hereinafter “Industrial Sites Act”); and the Plaintiff owned 10,077 square meters of C forest land and land located in the instant project district from July 27, 2001 (hereinafter “instant land”).

B. On June 23, 2010, the Defendant acquired the instant land by consultation from the Plaintiff, and completed the registration of ownership transfer on the instant land on June 28, 2010.

C. Pursuant to Article 42-3(6) of the Enforcement Decree of the Industrial Sites Act and Article 13-2(5)4 of the Enforcement Decree of the Housing Site Development Promotion Act, the Defendant, from among the owners of this case, transferred on November 5, 2007 the whole land (including the ground land) owned within the project area through consultation and provided the housing site, which is a transfer subject to consultation, to a person meeting the following requirements:

Standard area: A method of supplying at least 1,000 square meters of land to be transferred through consultation: A housing site supply area under a free contract: One parcel for one household (165 square meters between 165 square meters and 265 square meters): A housing site (a corporation or organization is excluded from supply).

D. On June 25, 2014, the Defendant sent to the Plaintiff a notice and application form relating to the supply of the housing site, which is a transfer for consultation, with the following content.

For the portion of the land (including the paper) incorporated under the A Development Project Act (including the paper paper) of the notice related to the supply of the site, which is a transfer subject to consultation, all of which are transferred through consultation, the following shall be the time of receipt when preparing the application document to be attached within the period of time for the supply of the site that is a transfer subject to consultation:

1. Project outline;

(a) Project name: A development project;

2. Implementation plan;

(a) A person: A portion of at least 1,000 square meters of land, the area of which is transferred through consultation, and all of land, obstacles, etc., transferred through consultation;

(b) eligible persons;

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