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(영문) 울산지방법원 2017.09.14 2017구합5090
도시계획시설사업지정실시계획인가처분취소
Text

1. The part of the instant lawsuit seeking confirmation of invalidity of the approval for commencement of construction works shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Details of the disposition;

A. On April 16, 2015, the Defendant approved, pursuant to Article 16(1) of the Housing Act, a housing construction project plan with respect to the land trust corporation (hereinafter “Korea Land Trust”) with respect to the aggregate of 30,554 square meters of the 140 and 49 square meters of Ulsan-dong, Ulsan-dong, Ulsan-dong, pursuant to Article 16(1) of the Housing Act.

(hereinafter referred to as the “instant housing construction project” and the approval of the said project plan is referred to as the “instant approval disposition”). (b)

The Defendant issued the instant approval, and added an additional note to allow the Plaintiff to contribute land, such as 1,099 square meters, owned by the Plaintiff in the vicinity of the relevant project site, to a small park after obtaining the designation of the implementer and the authorization of the implementation plan pursuant to Articles 86 and 88 of the National Land Planning and Utilization Act.

C. On September 3, 2015, the Defendant rendered the designation of the implementor of the urban planning facility project (road, park, landscape green belt) and the disposition of authorization for the implementation plan as to the land trust in Korea according to the subsidiary of the instant approval disposition.

(hereinafter referred to as “instant urban planning facility project”). D.

On September 21, 2015, the Defendant approved the project implementer of the instant housing construction project to be changed from land trust to the Intervenor joining the Defendant.

E. On November 10, 2015, the Intervenor filed a report on the commencement of construction work of the instant housing construction project against the Defendant, and the Defendant accepted the said report.

F. On November 26, 2015, the Defendant also rendered a disposition to designate the implementer and to authorize (revision) the implementation plan (hereinafter “instant authorization disposition”) with the content that the implementer of the instant urban planning facility project changes from the land trust to the Intervenor joining the Defendant from the land trust.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 6, Eul evidence 2, the purport of the whole pleadings

2. To seek confirmation on the invalidity of the approval for the commencement of construction works among the instant lawsuits.

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