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(영문) 대구고등법원 2019.10.11 2019누2214
용도폐지처분 취소 등
Text

1. Of the judgment of the first instance, the part against the plaintiff against the head of Daegu Metropolitan City Dong-gu shall be revoked, and the revoked part shall be revoked.

Reasons

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence of 1 to 11, Eul evidence of 1 to 6 (including the branch numbers where no special indication is made; hereinafter the same shall apply) and the whole pleadings, and there is no counter evidence:

Plaintiff’s housing construction project implementation 1) On April 30, 2015, the Plaintiff is a company running a housing construction project, etc. in Daegu Suwon-gu D, and indicated only by the Daegu-gu E-dong (hereinafter “E-dong”) under Article 15 of the Housing Act by the Seoul-gu Metropolitan City Mayor.

A) A housing construction project plan was approved with the content of constructing G apartment (356 households) and ancillary and welfare facilities in the aggregate of 15,520 square meters, F, and 76 parcels. The said housing construction project plan included the content of constructing and extending existing infrastructure (roads: i.e., H line of small-ro 2 (H point, J point: J point) and H line of small-ro 2 (J point: L, terminal point: M). 8. The old maintenance (N,O, P, and Q) included in the housing project site on August 1, 200 may be transferred free of charge within the scope of the cost required for the installation of alternative facilities, and the new public facilities should be reverted to the relevant management agency without compensation after the completion of the construction of the urban planning road (No. 2) on April 40, 200 after the completion of the construction of the said urban planning road (No. 356 K line of small-ro 2).

(b) Location of the project site for the implementation of the Plaintiff’s urban planning facility project: The type and name of the Nwon project - type of the urban planning facility project (road): The scale of the project: 8m wide, extended 136.5m project implementer: The commencement date and completion date of the Plaintiff’s project: the commencement date and completion date of the project: March 2, 2016: The date of completion of the project: the location, lot number, land category and size of the land or building to be expropriated or used on February 28, 2018; details of ownership and rights other than ownership;

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