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(영문) 대전지방법원 2015.05.27 2012구합4991
도시개발사업 개발계획변경무효확인
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. Details of the disposition;

A. The Plaintiff is a co-owner of 2,692.3109 of the Daejeon Seodong-dong 528 site (hereinafter “instant land”). The Defendant is a person holding co-ownership of 2,692.3109 of the said land. The Defendant is a person holding an urban development project in the Daejeon Seodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant project”).

B. On January 14, 1998, the Daejeon Metropolitan City Mayor: (a) designated the land of 477,020 square meters in Seosung-gu, Daejeon as the zone subject to a land readjustment project in the Daejeon Sung-gu, Daejeon; (b) delegated the authority for the instant project to the Defendant pursuant to Article 77(2) of the former Urban Development Act (wholly amended by Act No. 8970, Mar. 21, 2008) and Article 2 [Attachment Table 3] of the Ordinance on the Entrustment of Affairs of Daejeon Metropolitan City.

C. On December 27, 2005, the Defendant changed the area of an urban development zone into 488,942 square meters, and the implementation period: Five years (the target year 2010) from the date of the implementation plan announcement, and the implementation method: The implementation method was determined by the method of land substitution under the Urban Development Act, and the designation of an urban development zone (the alteration) and the public announcement of a development plan (the alteration) was made on September 28, 2006 (the Daejeon Metropolitan City public announcement No. 2005-59). On February 1, 2007, the Defendant announced the alteration of the implementation plan and the topographic map (the Daejeon Metropolitan City public announcement No. 2006-122) (the Daejeon Metropolitan City public announcement No. 20075, Jun. 27, 2007). The public announcement was made on May 207, 2007, by changing the area of the urban development zone to 493,011 square meters (the implementation plan).

After that, the defendant's execution period on August 30, 201 is one year until September 27, 2012.

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