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(영문) 부산고등법원 (창원) 2018.06.12 2017누11353
진주평거4지구도시개발사업 실시계획 등 인가고시 일부 취소청구
Text

1. Of the judgment of the court of first instance, the part which dismissed below and the part which ruled against the plaintiff to be revoked.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation owned a parcel of land and its ground-based building, which is located within the area of the Jinyeong-si four Urban Development Project (hereinafter “instant project”). From July 2006, the Plaintiff leased to the said real estate “MMamas Senior Hospital Hospital” (hereinafter “instant hospital”) which is a medical facility from around July 2006.

B. On September 19, 2007, the Defendant Jinju Mayor filed an application with Defendant Jinju-do Governor for the designation of the instant site as an urban development zone with respect to the KRW 482,050,050,000,000,000 (hereinafter “instant site”) including the said real estate.

Accordingly, on January 18, 2008, the defendant Gyeong-nam Do Governor established an urban development plan with the following contents, and designated the project site of this case as an urban development zone, and announced it by the Presidential Decree No. 2008-21 on January 24, 2008.

1. Name: An urban development zone of Pyeongtaek-gu;

2. Location and area: 482,050 square meters per day, 646-40 square meters in Pyeongtaek-dong, Chungcheongnam-do, Chungcheongnam-do.

3. Purpose of designation: To designate as an urban development zone for the creation of a pleasant residential environment and systematic urban development through the stable supply of housing sites and the expansion of urban infrastructure; and

4. Implementers: Jin-si Four District Urban Development Association (hereinafter referred to as the “instant association”) in Jin-si District.

A person shall be appointed.

5. Period and method of implementation: from the authorization date of implementation plan to the replotting method, and the replotting method;

6. A land use plan and infrastructure plan: Residential land [the single house site (62,228 square meters, 12.9%), multi-unit housing site (154,065 square meters, 32%), quasi-residential land (38,195 square meters, 7.9 percent), total (254,48 square meters, 52.8%), urban infrastructure site (schools, parks, public buildings, parking lots, rivers, detention ponds, public vacant land, roads, 227,562 square meters, 47.2 percent in total);

7. Details of land, etc., the owner and person concerned: omitted.

8. Period of application for authorization of implementation plan: Modification of the development plan for an urban development project and announcement of the implementation plan within two years from the date of publication of the designation of a zone;

Ⅰ. Jinju 4 Zones.

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