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(영문) 춘천지방법원 2013.01.18 2012구합1493
주택건설사업계획변경승인처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On July 4, 1994, the construction of the rice farm Co., Ltd. (the name of Youngju Co., Ltd. was changed to that of Youngju Co., Ltd.) obtained approval from the Defendant for the housing construction project plan with the content of the housing construction project (hereinafter “the instant apartment project”) that newly constructs an apartment of 1,345 square meters of the site area, 11,345 square meters of the site area, 18,296.71 square meters of the total floor area, 4, 200 households of the apartment site (hereinafter “instant apartment”).

B. On September 20, 2001, when the company's name was changed to a general construction company on September 20, 2001, and thereafter changed to the trade name as of July 24, 2002; hereinafter "the annual urban development") entered into a contract for the transfer of the above company's construction and the instant business rights on October 19, 1995, and obtained the approval for change of the housing construction plan from the defendant on November 4, 1995 to the urban development, and the new company (hereinafter "new company") entered into a new housing construction project plan with the defendant on October 24, 1998 to change the project owner to the urban development. The new company (hereinafter "the new company") entered into a contract for the transfer of the instant business rights with the urban development company on November 30, 1998 and obtained the approval for change of the new housing construction project plan from the defendant on July 24, 2002 to the new industrial development project operator (hereinafter "the new housing construction project operator").

C. After May 25, 2004, the Plaintiff entered into the instant contract for transfer and acquisition of the business with the main industrial development, completed the registration of transfer of ownership for the instant project site on the same day, and obtained approval for modification of the housing construction project plan from the Defendant to the Plaintiff on July 27, 2006.

On the other hand, the business rights of this case between the new land developer and the new land developer on October 24, 1998.

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