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(영문) 서울중앙지방법원 2015.02.13 2013가합83577
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff was a company established around July 2005 and engaged in housing construction business, etc.; Defendant A, B, and C entered into an agreement on the promotion of an urban development project with Jin-gun G G 284,394 square meters between Defendant Jin-si and Defendant D, E, and F, and Defendant Jin-si. (2) on November 30, 2006, the Plaintiff was a public official belonging to the Jin-si.).

(hereinafter “instant Convention”). Through the instant agreement, Defendant Jin-si provided active administrative support, including provision of information, to the Plaintiff to promote an urban development project, and the Plaintiff decided to complete an urban development project in good faith according to lawful procedures.

For this purpose, Defendant Jin-si decided to create a project site and contribute buildings constructed on the ground, instead of granting the Plaintiff the qualification such as a blanket purchase of the site for the said H district.

3) Accordingly, the Plaintiff submitted a proposal for designation of an urban development project zone around September 2007, and Chungcheongnam-do publicly announced the designation of an urban development project zone and the establishment of a development plan on October 30, 2008 (I. 4) for H district in the course of the urban development project for H district’s implementation as above, the Plaintiff filed a lawsuit with the Daejeon District Court seeking revocation of the above disposition rendered on October 30, 2008, but the same court dismissed the claims of the parties.

Accordingly, the appellate court rendered a decision on July 29, 2009 that "it is unlawful to include the portion of 42,929 square meters designated as a green natural area among the project sites in the scope of an urban development project up to the extent of an urban development project" and revoked the designation of an urban development project area and the formulation of a development plan. The Supreme Court also dismissed the appeal filed by Chungcheongnam-do on April 8, 2010 (2009Du22720).

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