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(영문) 부산지방법원 2018.02.09 2017구합22221
공유재산매수신청거부처분 취소 등
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against the main Defendant Busan Metropolitan City Mayor is dismissed.

2. The plaintiff.

Reasons

1. Facts of recognition;

A. 1) SPC Co., Ltd. (hereinafter “SPC”)

[Attachment] around December 2012, 2012: 12-25, 98, 149-21, 3364 square meters of land owned by Defendant Busan Metropolitan City (the above land shall be attached hereto).

1. The same land as each of the lands indicated in the list, and the above land (hereinafter referred to as “each of the instant lands”).

(2) The project of the housing construction project (hereinafter referred to as the “project of this case”) with the land of 12-7, 12-20, 000,000,000,00

(2) On December 5, 2012, the head of the annual plan for the housing construction project filed an application with the head of the Busan Metropolitan City Office for the approval of the housing construction project. On December 5, 2012, the head of the annual plan requested the accounting property officer and the construction policy officer of the Busan Busan Metropolitan City to consult about the possibility of selling each of the instant land in relation to the instant project and other matters, and the accounting property officer and the construction policy officer of the Busan Busan Metropolitan City submitted to

On December 10, 2012, the project operator in charge of accounting property of Busan City (general property) shall be in charge of purchasing prior to the commencement of the project, with the content of the reply of each of the instant land submission departments on the date of the reply.

Land of the same 149-21 square meters on December 12, 2012, 149-21, 3,364 square meters, is divided from the land of the same 149-12 to May 20, 2013, but is specified as a post-division for convenience purposes.

(Administrative Property at the time) The administrative property to be incorporated into the project site of the Busan City construction policy officer shall be classified into a road on the public register, but it shall not be a gratuitous concession due to its current legal aspect, and the abolition of use and use of a road shall be purchased at a cost if it is visible in consultation with the construction of the annual system and it is possible to disuse it.

3 On December 5, 2012, the head of the 3nd annual government asked him/her of whether it is possible to discontinue the use of 149-21 roads in the annual government building department, and on December 11, 2012, the annual government building department.

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