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(영문) 서울고등법원 2017.02.08 2016나2059110
소유권이전등기
Text

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

The plaintiff made a deposit as shown in attached Form 1 to the defendant, and the defendant 1.

Reasons

1. Basic facts

A. On September 5, 2008, the Governor of the Gyeonggi-do has determined an urban management plan for E or F districts (Class A district unit planning zone, etc.) including 34,09 square meters (D block: 17,778 square meters and J block: 16,321 square meters), including G, etc. on September 5, 2008 (hereinafter “instant district unit planning plan”).

(B) On the same day, the Gyeonggi-do Public Notice No. 1 (hereinafter referred to as the “Public Notice No. 1”) was given as follows.

(b) Public announcement B of Gyeonggi-do;

1. Pursuant to Article 30 of the National Land Planning and Utilization Act and Article 25 (5) of the Enforcement Decree of the Act on the Regulation of Land Use, the topographical map shall be determined as follows and publicly announced pursuant to Article 8 (2) of the Framework Act on the Regulation of Land Use:

2. The related books are kept in the Gwangju Viewing Urban Planning Department and are shown to the general public.

Protocol of decision on urban management planning (registration of specific-use area, Class-I district unit planning): Attached;

B. The urban management plan (the Class-I district unit planning for the alteration of specific-use area as Class-I district unit planning zone), and the topographical map: attached (publication omitted), and thereafter, the demarcated area of the D block was changed to 17,450 square meters, and the demarcated area of J block was changed to 15,983 square meters. The Plaintiff combine the modified D block and J block into D block, and expanded the demarcated area of D block to 34,493 square meters, thereby constructing apartment units and ancillary welfare facilities on that part (hereinafter “instant project”), and the D block is referred to as “instant project area.”

On December 3, 2014, upon filing an application for approval of a project plan for the housing construction project with the Plaintiff as the project implementer from the Gwangju City Mayor (hereinafter “instant project plan”).

(3) At the time of the approval of the project plan of this case, the former Housing Act was amended by Act No. 14344, Dec. 2, 2016.

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