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(영문) 청주지방법원 2018.10.18 2018구합2303
도시개발구역 지정 제안서 불수용 결정 취소 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 20, 2015, the Defendant requested the Korea Land and Housing Corporation (hereinafter “LH Corporation”) to select one site among three teams, such as Chungcheongnam-si B (hereinafter “B Dong”), Cdong, and Ddong, and requested LH Corporation to implement the housing site development project. On July 7, 2016, LH Corporation selected one lot of approximately 580,000 square meters B Dong (hereinafter “instant district”) as priority candidate for an urban development project (hereinafter “instant project”).

B. Meanwhile, the Plaintiff et al., including the Plaintiff, filed a petition for an advance ruling on an urban development project with the Defendant through F on July 18, 2016 for the purpose of promoting an urban development project in the E-Japan land.

C. On August 5, 2016, the Defendant concluded a business agreement with LH to determine the policy to establish the housing site development plan of the instant district on the grounds that “In comparison with the development plan to be promoted by the LH Corporation, the aforementioned preliminary examination claim is imbalanced with a high density plan and is expected to develop in the surrounding area,” and notified the F of the recommendation to review the project plan on the said ground.

On October 20, 2016, the Defendant held a briefing session for the residents of the instant district development project. At the above briefing session, the residents demanded “to hold a briefing session for the detailed plan when the project is subsequently finalized at LH Corporation.”

E. On March 15, 2017, LH Corporation notified the Defendant that it finally decided on the implementation of the project for the instant district as of March 7, 2017, and held an explanatory meeting for the instant district residents on May 31, 2017.

F. On the other hand, on April 24, 2017, the Plaintiff submitted a proposal for designation of the instant district urban development zone (hereinafter “the first proposal”) with a replotting method, and the Defendant is a person with superficies who owns land equivalent to at least 2/3 of the size of the proposed district as of May 24, 2017.

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