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(영문) 서울고등법원 2014.02.13 2013나2012783
손해배상(기)
Text

The plaintiff's appeal and the claim extended in the trial are all dismissed.

The plaintiff's litigation costs after the appeal are filed.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in full view of the respective entries in Gap evidence Nos. 1, 2, 3, 12, 13, 14, 16, 19, 31, and 32 (including the branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 7, 8, 9, 10, 13, 16, and 32, or the overall purport of the pleadings and videos.

(1) The plaintiff is the Housing Reconstruction Project Association established to implement the housing reconstruction project on the parcel of land 623 et al., Dong-dong 623 et al., which was approved by the defendant on November 4, 2002.

(2) The Defendant sought opinions from the members of the treatment member housing reconstruction and rearrangement project association (hereinafter “the treatment member housing association”) that has promoted the housing reconstruction project in an area adjacent to the Plaintiff’s business district and the Plaintiff’s business district, and formulated the “Wang Incheon District Urban Management Planning” to the Gyeonggi-do Governor.

Accordingly, on December 23, 2004, the Gyeonggi-do Governor announced the Gyeonggi-do Public Notice of 2004-403, the Gyeonggi-do Governor announced the king Urban Management Planning (Class 1 District Unit Planning) to change the use area from Class 2 general residential areas to Class 3 general residential areas, and to increase the volume of use from Class 3 general residential areas to below the upper limit of 220%, and below the upper limit of 250%.

The above notice contains the contents that the parking lot of the site for the land for the land for the land for the land for the land for the utility model located in 709 Won-dong, Yang-dong, Yang-dong, Guangdo-dong, which is within the instant district unit planning zone, is abolished, and the children's park is included in the ground of 7,502.7 square meters and 7,398.7 square meters-dong, Yang-dong, Yang-dong, Yang-do-dong, 710-1 square meters

(3) The defendant around 2005, to the Gyeonggi-do Governor of Gyeonggi-do, the Wangman Housing Reconstruction Project Association (hereinafter referred to as the "Wangman Housing Association") and the Treatment Member Housing Association.

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