logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.01 2017구합20929
기업형임대주택 공급촉진지구 지정 불수용 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 3, 2016, the Plaintiff was established to run a business-type rental housing business in the 000,000,000,000,000.

B. A proposal to designate a commercial rental housing supply promotion district and expropriation 1) The Plaintiff shall be the Defendant on February 29, 2016, and the Special Act on Private Rental Housing (hereinafter “Private Rental Housing Act”).

(3) Article 23(3) of the Enforcement Rule of the same Act, Articles 9 and 10 of the Enforcement Rule of the same Act, work process guidelines concerning commercial rental housing supply promotion districts, etc. (amended by Ministry of Land, Infrastructure and Transport Directive No. 826, Apr. 10, 2017; hereinafter “work process guidelines”).

(2) In addition to the documents required under Article 4, the commercial rental housing supply promotion district consisting of building area of 3,506 square meters and total floor area of 59,515 square meters on the ground of 21,738 square meters in Yacheon-dong, Yacheon-si, Yacheon-si, Busan, and an apartment building of 27 stories on the ground of 21,506 square meters and apartment units of 27 stories on the ground of 29,515 square meters and 324 households on the ground of the second and ground

2) The proposed designation (hereinafter referred to as the “instant proposal”)

(2) Accordingly, the Defendant, on May 2, 2016, notified the Plaintiff that the instant proposal was accepted on the following grounds: (a) pursuant to relevant laws and regulations, including Article 10(2) and (3) of the Enforcement Rule of the Private Rental Housing Act, the Plaintiff received an opinion and field investigation to verify the content of the preliminary investigation submitted by the Plaintiff.

C. (1) The Defendant, from May 19, 2016 to September 7, 2016, proceeded with the strategic environmental impact assessment consultation, the procedures for gathering opinions from experts and residents, and the relevant departments. On September 26, 2016, and on December 19, 2016, the Defendant requested the Plaintiff to supplement relevant documents. (2) On February 9, 2017, the Defendant requested the Gyeongbuk-do Urban Planning Committee (hereinafter “Urban Planning Committee”) to deliberate on the designation of a promotion district, and the Urban Planning Committee rejected the request on February 17, 2017 for the following reasons.

- The undeveloped development within the mountain and urban sphere zones.

arrow