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(영문) 서울고등법원 2014.01.09 2013누12401
사업시행인가조건취소
Text

1. Of the primary claims added by the Plaintiff at the trial, the authorization conditions as of December 31, 201 and July 25, 201 are null and void.

Reasons

1. Details of the disposition;

A. On September 28, 2006, the Plaintiff filed an application with the Defendant for authorization to implement the project with respect to the construction of an apartment building on the area of 45,962 square meters in Namyang-si, 129-65 square meters in Dong-dong.

On March 21, 2007, the Defendant approved the conditions for authorization (hereinafter “the conditions for authorization as of March 21, 2007”), including the following (hereinafter “the conditions for authorization”). On January 2, 2007, the conditions for determination at the time of implementation of the implementation of the project at the time of the alteration of the district urban management plan (specific-use area, district unit planning), and the part of the creation of infrastructure (road, park, green area, etc.) outside the zone should be completed before the occupancy of the apartment. (B) The Plaintiff filed an application for the alteration of the implementation of the project that alters the building area, building-to-land ratio, etc. to the Defendant around June 10, 2010. On December 31, 2010, the Defendant added the conditions for authorization (second 2-210 lines in the second reduction are deemed as 1-210 lines and hereinafter “the conditions for authorization as of December 31, 2010”).

6. The project operator of an urban planning facility project under Article 208-33 ( March 17, 2008) shall be implemented as soon as the “urban planning facility development project (i.e., 1-210 lines middle and 2-324 lines) is being implemented by obtaining the designation of an implementor of an urban planning facility project or the authorization of an implementation plan in order to implement the conditions for modification of the existing 2 district urban management plan (with respect to 2-210 lines middle and 2-324 lines middle and 2-324 lines middle and middle)” and complete before the occupancy of an apartment house;

(c).

On June 22, 2011, the Plaintiff filed an application for authorization to alter the implementation of the project, which changes the building area, building-to-land ratio, landscaping area, etc.

On July 25, 2011, the defendant is "Terms and Conditions for Authorization (hereinafter referred to as the "Terms and Conditions for Authorization") of July 25, 201, which includes the following:

In addition, authorization was granted. 1. 1. The conditions for authorization for the initial implementation of the project are observed. / [based on recognition] There is no dispute, Gap evidence 1-1 (as evidence No. 8) (as evidence No. 1, No. 1).

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