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(영문) 수원지방법원 2018.09.20 2018구합63182
주택건설사업계획승인취소 거부처분취소 등
Text

1. The Defendant’s disposition of extending the period of commencement of works against B corporation on November 9, 2017 shall be revoked.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff is a real estate development company whose business purpose is housing construction project, real estate rental and development project, housing construction and supply project, etc. (2) On November 16, 2012, the Defendant approved the following housing construction project plan pursuant to Article 16(1) of the former Housing Act (amended by Act No. 11871, Jun. 4, 2013; hereinafter the same shall apply) with respect to the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”).

(hereinafter referred to as the “instant housing construction project plan approval disposition” - A project site: - The area of the instant land outside 61,85.00 square meters (hereinafter referred to as the “instant land”): 18,051.67 square meters (29.18% of the building-to-land ratio): 70,596.96 square meters (71.35% of the building-to-land ratio): - Structure/use of reinforced concrete / reconstruction house size - 402 households ( underground 3/ ground 4 29 Dong): 3 June 30, 2015) and thereafter, 7 lots (hereinafter referred to as the “public sale of the instant land”).

(2) On January 17, 2014, the Korea Land Trust, which was entrusted, commenced a public auction procedure for the instant public sale on the land, and E, the creditor of the auxiliary intervenor, on January 24, 2014, is a parcel of land nine (hereinafter “instant auction land”).

(4) On March 8, 2016, the Plaintiff applied for a voluntary auction procedure based on the right to collateral security, and the F Co., Ltd., a special purpose corporation (SPC) established by the Plaintiff, was awarded the pertinent auction land at the above auction procedure on July 25, 2016.

As to the land of this case, the Plaintiff and six other parties, on October 31, 2016, entrusted real estate security trust with the G Bank as the trustee. As to the land of this case, on July 25, 2016, the real estate security trust with the FF Co., Ltd. as the truster, and the H as the trustee was concluded.

5 The Plaintiff, May 3, 2017, to the Governor of the Gyeonggi-do on May 3, 2017, including the instant land D.

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