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(영문) 광주지방법원 2014.08.14 2013구합3061
사업시행계획인가처분취소
Text

1. All of the plaintiffs' conjunctive claims are dismissed.

2. The plaintiffs' primary claims are all.

Reasons

1. Basic facts

(a) Authorization and announcement of the implementation plan of the D development project (stage 1);

1. A member of the F Group at the location of the place of project execution;

2. Type and name of the project: Name of the project for the development of a new urban planning facility: D development project (the first phase);

3. Size or scale: 91,402 square meters (a phase project area among a total of 326,393 square meters).

4. Project operator: Fence head of a Gun.

5. The scheduled date for commencement and completion of the project: 24 months from the authorization date.

6. In accordance with Article 88 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Defendant, on January 5, 201, approved the execution plan for a development project (stage 1) as follows, and publicly notified the said approved plan E on January 13, 2013.

B. On October 2012, Pursuant to Article 86(7) of the National Land Planning and Utilization Act and Article 96(2) of the Enforcement Decree of the same Act, a project operator designated as a limited liability company C (hereinafter referred to as “C”) purchased at least 2/3 of the land size subject to the project and filed an application for the designation of a project operator with the Defendant by satisfying the requirements of the project operator. On October 18, 2012, the Defendant designated and publicly notified a project operator of G development project as C pursuant to Article 86(5) of the National Land Planning and Utilization Act.

C. Around November 2012, the authorization and announcement C of the implementation plan for G development projects (stage 2 of D development projects) filed an application with the Defendant for authorization of the implementation plan for D development projects (stage 2) (hereinafter “instant implementation plan”). On December 14, 2012, the Defendant approved the implementation plan for G development projects (stage 2 of D development projects) with the following content on March 14, 2013, and publicly notified the said implementation plan as H as the public notification of the Seoyangyang-gun District on March 20, 2013.

(hereinafter referred to as the “instant project,” which is the two-stage project, and the said implementation plan is authorized, 1.00 projects.

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