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(영문) 수원지방법원 2013.10.18 2011가합1272
부당이득금반환등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. 1) Preparation 1 of the development plan of the new district in Suwon-si, Suwon-si, Shindong-dong, Sungdong-dong (hereinafter referred to as the “Seongdong-dong”) and Sungdong-dong is called the “Seongdong-dong” and the “Seongdong-dong-dong” as a general term.

The former Act on the Utilization and Management of the National Territory (amended by Act No. 6655, Feb. 4, 2002; hereinafter referred to as the "Act on the Utilization and Management of the National Territory")

(2) Article 6 subparag. 4 of the Enforcement Decree of the Act on the Utilization and Management of the National Territory(hereinafter “Enforcement Decree of the Act on the Utilization and Management of the National Territory”) is a quasi-agricultural and forest area prescribed in Article 6 subparag. 4, Article 6 subparag. 2 of the same Act and Enforcement Decree of the same Act.

(1) Article 7 subparag. 1(a) of the Act provides that a housing site development project may be implemented through a decision to modify a plan for utilization of the national land to a quasi-urban district under subparagraph 1(a) of Article 7. The Korea Land Corporation suspended the housing site development project at the same site in around 1997. After that, the Defendant Mayor announced a new district as a housing construction site among the prospective development sites under the Basic Urban Planning Act for the purpose of developing the new district into a village district that can be constructed a multi-family housing. Since March 3, 1999, 29 companies (14 companies in the new district, 15 companies in the gender welfare district) filed an application for approval of the housing construction project plan for the new apartment sale in the new district. Meanwhile, the housing site development project in the quasi-rural rural area was implemented by Act No. 4572 of Aug. 5, 1993, the Act was amended by the National Land Planning and Transportation, which led to an efficient management plan of the housing complex or the rural area (the title and rural area).

In addition, Gyeonggi-do is the defendant, the guidelines for formulating development plans for quasi-urban community districts on October 28, 1997, and the guidelines for formulating development plans for quasi-urban community districts on October 10, 1998.

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