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(영문) 서울고등법원 2014.12.04 2014누4766
기타(시장정비사업추진계획)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Details of the disposition;

A. On August 25, 2006, the Busan-si Mayor designated the original type market located in the land of 367 Won-dong, Seocheon-si as the recognition market under Article 2 subparagraph 1 (b) of the former Special Act on the Development of Traditional Markets (wholly amended by Act No. 7945, Apr. 28, 2006; hereinafter “former Traditional Markets Act”).

B. On October 12, 2006, the Plaintiff received approval for establishment from the Bupyeong City Mayor, and filed an application for the recommendation of the original market as a market improvement project execution zone including the following project implementation plans in accordance with the relevant provisions of the former Traditional Market Act with the Bupyeong City Mayor on the same day (hereinafter “instant application”).

Site area: 2,17 square meters in total floor area: 13,967.69 square meters (11 square meters in underground floors, 7,125.35 square meters in sales facilities, 6,842.34 square meters in residential facilities): The required budget in 2006 to 2009 square meters: 21.66 billion won in total.

C. Accordingly, on October 27, 2006, the Busan City Mayor recommended the Defendant as a market improvement project zone, but the Defendant demanded the Defendant to apply for re-examination on April 26, 2007, and returned all the recommended documents to the Busan City Mayor.

After that, on September 30, 2008, the Plaintiff supplemented and submitted the project implementation plan, etc. as set forth below, and accordingly, on October 23, 2008, the Seocheon City recommended the Defendant to implement the original land market as the zone for the market improvement project.

Site area: 2,117 square meters in total floor area: 16,145.25 square meters (12 stories in underground, 12 stories in ground / sales facilities 5,793.25 square meters in residential facilities, 10,352 square meters in residential facilities): The required budget in 209 to 2011: 22,023,05,000 won in total;

E. The Gyeonggi-do Committee for Deliberation on Market Improvement (hereinafter “Deliberation Committee”) under the Defendant’s jurisdiction on November 2, 2009, based on the re-recommendation as above in the vice-market, is difficult to apply the Special Act on the Development of Traditional Markets and Shopping Districts after deliberating on the issues concerning the designation of the market improvement project implementation zone and the approval of the project promotion plan.

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