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(영문) 부산고등법원 2014.10.08 2014누20476
도시계획시설 개설의무 확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a construction project with the aim of contributing to the stabilization of citizens’ residential life and the improvement of welfare and community development through an urban development project. The Defendant is a redevelopment and rearrangement project partnership with the total of 564 households with the third-story apartment houses with the third-story apartment houses with the 25-dong underground floors (hereinafter “instant housing redevelopment project”).

B. On October 2, 2007, the Defendant obtained the authorization of the implementation plan for the housing redevelopment project from the head of the Nam-gu Busan Metropolitan City head of the Gu (hereinafter “D Line’s housing redevelopment project approval conditions, but this appears to be a clerical error in the “Dline”; hereinafter “instant road”) by obtaining the authorization of the implementation plan for the urban planning facility project on December 13, 2005, the Defendant obtained the authorization of the implementation plan for the housing redevelopment project from the Nam-gu Busan Metropolitan City head of the Gu (hereinafter “instant approval conditions”), and obtained the authorization of the implementation plan for the housing redevelopment project in addition to the “approval conditions for the housing redevelopment project” (hereinafter “instant approval conditions”).

C. On May 31, 2010, the Plaintiff was approved for a housing construction project by adding to the Busan Metropolitan City Mayor’s “The Cro (Gros, including the instant road, and hereinafter referred to as “Gros,”) the terms of “Acros shall be established prior to completion of construction in compliance with the deliberation and resolution of traffic impact analysis and improvement plans.” On the Cro, the sections overlapping with the implementation sections of the instant housing redevelopment project (the instant road) during the Cros shall be implemented in consultation with the Defendant, but if the instant housing redevelopment project itself is not implemented, it shall be time to open in compliance with the deliberation and resolution of traffic impact analysis and improvement plans (hereinafter “instant approval terms”).

While the Defendant did not construct the instant road, the Plaintiff is entitled to compensate for the land of G lines and the construction work.

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