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(영문) 서울고등법원 2019.11.01 2019재누10079
환지예정지변경지정처분 취소청구의 소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff (the plaintiff and the selected party).

Reasons

1. The following facts are apparent in the records of the judgment subject to a retrial:

Details of the disposition

1) The Defendant is an urban development project in the area B (hereinafter “instant project”) where the replotting method is conducted with respect to the area B, which is conducted with respect to the area of 99,275.9 square meters of Ilyang-dong, Seoyang-gu, Busan Metropolitan

(2) On May 11, 2006, the Governor of the Gyeonggi-do authorized the implementation plan including the contents of planning the public land as a site for construction of a fire station and a police box, and on August 22, 2017, the land substitution plan was approved on the application of the Defendant on August 22, 2017.

3) On August 23, 2007, the Defendant: (a) on August 23, 2007, the Ilyang-dong, Seoyang-gu, Y18 square meters (hereinafter “YY land”) located in the instant project area.

(4) On September 22, 2009, the Defendant obtained on September 2, 2009 the authorization for the alteration of the development plan and the implementation plan to the public land AP (hereinafter “P”) located between AD 638§³, AE 638§³ (hereinafter “instant land substitution”) and J and I, which are located between D and I, as the site for the public building to build a fire station and a police box in the AB district in Goyang-si, Goyang-si, AB, a public building site for building a fire station and a police box in the AC district.

5) On December 3, 2009, the Defendant issued an authorization of a replotting plan with respect to the instant land scheduled for substitution on December 4, 2009 with regard to the land scheduled for substitution on the instant land scheduled for substitution on December 4, 2009. On August 30, 201, the Plaintiff and the designated parties purchased the instant land scheduled for substitution and buildings thereon from Z and AG in April 2015 with the price of KRW 7 billion for the instant land scheduled for substitution on the instant land scheduled for substitution.

7 E, etc. are re-scheduled to the instant land substitution and F, G, and H on December 17, 2015 at the request of the Defendant.

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