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(영문) 부산지방법원 2015.06.10 2014가합44836
지중화공사비
Text

1. The Defendant’s KRW 168,421,065 as well as the Plaintiff’s annual rate of 5% from February 13, 2015 to June 10, 2015.

Reasons

The plaintiff is a company that implements a large innovation city development project that constructs various public facilities and multi-family housing units 2,304 households, officetels 112 rooms, kindergartens, elementary schools, etc. (hereinafter referred to as "large innovation city development project"), and the defendant is a housing redevelopment project partnership that constructs a total of 564 households of multi-family housing of 25-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu in Busan, Busan (hereinafter referred to as "large innovation city development project"); and the defendant is a company that constructs a total of 564 households of multi-family housing of 25-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu in Busan Metropolitan City-gu-gu

(hereinafter “instant housing redevelopment project”. On October 2, 2007, the Defendant obtained the authorization of the implementation of the instant housing redevelopment project from the head of the Nam-gu Busan Metropolitan Government, and the said authorization added a condition that “The conditions for the authorization for the housing redevelopment project of the 3-34 line at the middle-ro 3-35 line are indicated as “the middle-ro 3-34 line,” but this appears to be a clerical error in the middle-ro 3-34 line; hereinafter “instant road”) at the final deliberation of traffic impact assessment on December 13, 2005, the instant road should be established at the end of the implementation plan for the urban planning facility project, by obtaining the approval of the implementation plan for the urban planning facility project.”

On May 31, 2010, the Plaintiff obtained approval from the Busan Metropolitan City Mayor for a housing construction project for a major innovation city development project, and the said approval shall be opened before completion by observing the deliberation and resolution of the traffic impact analysis improvement plan to be implemented by the 2-364 line, which includes the 2-364 line from among the roads in this case. The said approval shall be implemented in consultation with the Defendant on the sections overlapping with the implementation section of the housing redevelopment project in this case (the road in this case) among the major mountain roads. The housing redevelopment project in this case shall be implemented in its own ability if the housing redevelopment project in this case is not implemented.

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