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(영문) 부산고등법원 (창원) 2017.01.18 2016누10155
변상금부과처분취소
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant’s indemnity amounting to KRW 57,464,950, which was paid to the Plaintiff on September 11, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff is an implementer of an urban development project A (hereinafter “instant project”), and the Defendant is a corporation that vicariously executes the authority of the Minister of Land, Infrastructure and Transport, the managing authority of the relevant land, which is the owner of an urban development project, of 5,682 square meters and C road of 380 square meters (hereinafter “each of the above lands,” collectively referred to as “each of the instant lands,” and the individual land is referred only to as “land number”).

B. On December 13, 2007, on the instant project, the Mayor/Do Governor designated and publicly announced the instant project area as A urban development zone of 213,890 square meters (hereinafter referred to as “instant project area”) for Kimhae-si, Dong-dong, Dong-dong, Dong-dong (214,095 square meters; hereinafter referred to as “instant project area”). On May 21, 2009, on the instant project, the Mayor/Do Governor announced the development plan (amended) and the implementation plan (hereinafter referred to as “instant implementation plan’s authorization”), and announced the designation of an urban development zone (amended), development plan, and implementation plan (amended) on January 14, 2010.

(H) On January 24, 2013, the Kimhae-si, which became the designating authority of the project of this case, announced the development plan (amended) and implementation plan (amended) of the project of this case.

(I) The Gimhae notification; (c)

On the other hand, on January 29, 2010, the Plaintiff notified the Kimhae market of the authorization of the land substitution plan and the authorization of the modification of the land substitution plan on January 18, 201. On February 15, 2011, the Plaintiff publicly announced the authorization of the land substitution plan and the designation of the land substitution plan as follows.

(hereinafter referred to as the "designated land substitution plan in this case". The implementer: The area to be implemented by the Plaintiff: The date of authorization for the land substitution plan of 214,095 square meters: January 18, 201: Related books on February 16, 201 (Enforcement Date after the date following the announcement): The document applying for authorization for the land substitution plan (to be kept in the Gimhae and the Association).

D. After that, the Defendant received prior notice of disposal on September 11, 2014, and each of the instant land, each of which is State property located within the instant project zone, from February 20, 2014 to August 31, 2014.

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