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All appeals by the plaintiffs are dismissed.
Of the appeal costs, the Plaintiff’s Intervenor will cover the costs incurred by participation.
Reasons
1. Basic facts and circumstances of dispositions;
A. On November 4, 200, the Korea Land Corporation obtained the approval of the implementation plan for D Housing Site Development Project (hereinafter “D Housing Site Development Project”) with respect to the land located in Cdong-dong-si, Namyang-si, Namyang-si, and the E and F land (hereinafter “each land of this case”) were designated as the housing site development zone if the land located in Cdong-si, Namyang-si, Namyang-si, and the land located in Cdong-si, respectively.
B. According to the first approved project plan of this case (hereinafter “the first project plan of this case”), according to the project plan of this case (hereinafter “the first project plan of this case”), a paper A2 containing each land of this case (hereinafter “the site of this case”) was developed as undeveloped land so as to be preserved as far as possible in nature as possible as a block-type detached site.
Accordingly, the above project plan does not include the content that the site creation work that alters the form and quality of the land, such as cutting the slope of the site of this case and piling up the retaining wall.
C. On January 10, 2002, the Korea Land Corporation concluded a trust contract with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) on the instant site. On May 7, 2002, the Intervenor launched a site creation work for cutting down the slope of the instant site and installing the retaining wall on the cutting surface and piling up the retaining wall on the upper right side.
On April 9, 2003, the Intervenor requested the Korea Land Corporation to cooperate with the Defendant in filing an application for approval of the modification of the implementation plan, including the content that reflects the division of an individual parcel in the instant site as undeveloped land, by notifying the Defendant of the rejection of the application for the construction permit for 12 generations of the demonstration complex in the instant site on the grounds that the subdivision of the land was not prior to.
E. On December 31, 2004, the Korea Land Corporation obtained a modified approval for the instant project implementation plan from the Gyeonggi-do Governor.
F. The defendant's land category of the site of this case on February 24, 2005 is the site.