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(영문) 창원지방법원 2017.02.14 2015구합22361
예정환지 인가 취소 및 개발 구역(지구)변경 및 환지예정지 지정 및 환지계획
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. 1) The Defendant Union’s status as the party concerned

2) The Plaintiff, as the owner of the land subject to replotting incorporated within the instant project zone, was performing the director of the Defendant Cooperative as the owner of the land D (hereinafter “instant land”).

3) On June 25, 2015, the head of Sin Chang-gun issued the instant disposition against the Defendant Cooperative. B. The Defendant Ski-gun filed an application for approval of the designation of an urban development zone and a development plan to implement the instant project on October 2, 2013 with the Young-si.

2) On January 9, 2014, the Gyeongnam Do governor established and announced a development plan for the designation and development of the F Zone Urban Development Zone in the F Zone E. 3) On December 30, 2013 at the first general meeting of the Defendant Union, respectively, passed a resolution on the following: (i) approval of the articles of association and detailed rules; (ii) the election of officers; (iii) the election of representatives; and (iv) the resolution of the development plan.

4) On January 9, 2014, the Defendant Cooperative applied for authorization to establish an association with the head of Si/Gu, and the head of Si/Gu, on January 17, 2014, approved the establishment of the Defendant Cooperative. On February 25, 2014, the Gyeongnam Do governor designated and announced the Defendant Cooperative as the implementer of the instant project on February 25, 2014. 5) On July 2, 2014, the Gyeongnam Do governor approved the amendment of the development plan and implementation plan for the urban development project of the F Zone, and announced it as H on July 10, 2014.

C. (1) On June 5, 2015, at the second general meeting of the Defendant Union, the Defendant Union resolved “(i) development plan and implementation plan, (ii) preparation of a replotting plan, (iii) application for authorization of a replotting plan, and (iv) designation of a replotting plan,” respectively. (ii) on June 11, 2015, the Defendant Union applied for authorization of a replotting plan to the head of Si/Gu, and the head of Si/Gun issued the instant disposition on June 25, 2015.

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