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(영문) 대구지방법원 2020.05.13 2019구합22295
도시계획변경결정처분무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On November 12, 1994, the Gyeongbuk-do Governor approved the establishment of a project plan and a project implementation plan for the land zone readjustment project in which the C District Partition rearrangement project district consisting of 143,538 square meters (hereinafter “instant project district”) located in Daegu-gun, Daegu-gun, as the project district (hereinafter “instant project district”).

B. E Co., Ltd. (hereinafter “E”) filed an application for the approval of the housing construction project plan with the content of constructing a 1,278 unit A apartment (hereinafter “instant apartment”) in the instant project district, and the Defendant approved the said application on December 24, 2013.

C. E constructed the instant apartment and carried out a sales contract around March 2014, and around March 2017, the occupancy began.

On the other hand, the plaintiff is an autonomous organization established on behalf of the occupants, etc. of the apartment of this case to determine important matters concerning the management of the apartment of this case.

According to subparagraph 8 of Article 2 of the Multi-Family Housing Management Act, the term "resident representative council" means an autonomous deliberative body established pursuant to Article 14 to determine important matters concerning the management of multi-family housing on behalf of occupants, etc., the term "occupants, etc." means occupants and users ( subparagraph 7), the term "occupants" means the owners of multi-family housing or their spouses and lineal ascendants and descendants representing the owners (subparagraph 5), and the term "users" means persons, etc. who rent and use multi-family housing (excluding lessees

(paragraph 6), d.

On August 12, 2016, the instant association changed public land donated to the Defendant to the land allotted by the authorities in recompense for development outlay in order to resolve the shortage of project costs.

After making inquiries with the Ministry of Land, Infrastructure and Transport on October 14, 2016, the Defendant Article 6 of the Addenda to the former Urban Development Act (No. 8970, March 21, 2008), Articles 12 and 13 of the former Urban Planning Act (wholly amended by Act No. 6243, Jan. 28, 200; hereinafter the same).

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