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(영문) 대구지방법원 2014.04.18 2013가합762
부당이득금반환등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The status of the party is as follows: (a) the Plaintiff was the implementer who newly built and sold the instant apartment with the approval of the housing construction plan for the sale of the apartment by constructing the 7th underground floor and the 9th unit and the 9 unit and commercial facilities of the 7th unit of the 48 to 54th unit on the land of the 179-1 unit of the Daegu Suwon-dong, Daegu-dong, Daegu-dong, and the 179-1 unit of the ground; and (b) the Defendant Sung-gu is the local government having jurisdiction over the said project site, and was in the position to present its review opinions in the traffic impact assessment on the instant apartment construction project

B. On July 26, 2004, the Plaintiff submitted a traffic impact assessment report prepared by requesting the Construction Technology Research Group for the construction project of the instant apartment to Defendant Daegu City. Upon the submission of a traffic impact assessment report, the pertinent construction project approval and permission authority shall circulated the said report to traffic impact assessment review committee members and public officials in charge of the relevant departments, and shall collect and respond to the project operator, and submit supplementary opinions to the project operator. The project operator shall prepare supplementary opinions and submit them to the approval and permission authority prior to this deliberation, and the traffic impact assessment review committee members shall deliberate on the basis of the above written supplementary review. Accordingly, the Defendant Daegu City shall reflect the opinions of the Defendant Suwon-si on the basis of the above written supplementary review. (1) In order to establish the underground passage connecting the construction site of subway 2 lines with the construction site of the instant apartment, (6) more than the underground passage connected to the construction site of the instant apartment site, and (2) purchase the open park with the direction of 15m wide and 4m of the park, and (3) more than 5m.

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