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(영문) 창원지방법원 거창지원 2018.12.13 2017가합10307
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties 1) Defendant B Association (hereinafter “Defendant Association”)

3) The project of this case is a project of replotting with the project area of Gyeong Chang-gun, Chang-gun, Seoul (hereinafter referred to as the “instant project”).

1) The Plaintiff is a Si Development Cooperative that implemented the instant project. The Plaintiff is a Si Development Cooperative that implemented the instant project, and the Plaintiff is a 2,776m2 (hereinafter referred to as the “instant land”).

(2) On the instant project, the Gyeongnam Do governor established a development plan as a designating authority designating an urban development zone, designated a project implementer as a defendant association, and authorized an implementation plan. The head of Chang Chang Gun authorized the establishment of a defendant association and authorized a land substitution plan.

B. 1) On October 2, 2013, the head of Chang Chang-gun requested the designation of an urban development zone and the establishment of a development plan to implement the instant project in the Sejong-do. (2) On December 30, 2013, the Defendant Union passed a resolution on the establishment of the articles of association and detailed rules of association, and the establishment of a development plan, etc. at the first general meeting on December 30, 2013.

3) On January 9, 2014, the Mayor/Do Governor established and publicly announced a development plan for E urban development zones with respect to the size of 244,750 square meters in the Seoul Special Metropolitan City, Chungcheongnam-gun. 4) The Defendant Union applied for authorization for the establishment of the association with the head of Si/Gu on January 9, 2014, and the head of Si/Gun approved the establishment of the Defendant Association on January 17, 2014, and on February 25, 2014, the Mayor/Do governor designated and publicly announced the Defendant Association as the project implementer on February 25, 2014.

5) On July 10, 2014, the Gyeongnam-do Governor authorized the amendment of the development plan and implementation plan of the E Urban Development Project, and publicly notified the amendment, and then approved and publicly notified the development plan (amended) and implementation plan (amended) of the project of this case as of May 7, 2015, October 6, 2016, and February 23, 2017.

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