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(영문) 광주고등법원 2016.07.21 2015누7509
수용재결취소등
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiffs against the defendant Mineyang market, "the defendant".

Reasons

1. Circumstances of each disposition of this case;

A. On December 13, 2002, the Do governor, prior to the determination of the previous urban planning in J district, determined and publicly announced the alteration of the urban management planning that changed the use of the existing natural green area of 64,560 square meters and production green area of 26,680 square meters into a Class-II general residential area in order to create a healthy university village in the vicinity of the NAR University and the AS University as K-do announced by Jeonyang-do. On December 13, 2005, on December 13, 2005, the Do governor determined and announced the alteration of the urban management planning (Class 1 district unit planning) to change the use of part of the above Class-II general residential area into a quasi-residential area of 46,660 square meters.

On February 20, 2006, Defendant Mineyang-si announced the above change decision and topographic drawings, and the above plan accounts for a large portion of the roads, railroads, parking lots, urban space facilities, and public culture and sports facilities, which are traffic facilities.

(hereinafter referred to as “previous urban management planning”). (b)

On July 12, 2013, the Do governor, before the process of attracting a superstore in the Defendant Mineyang market, submitted the investment proposal to the effect that he wanting to create a tempium with approximately approximately KRW 66,000 square meters in the vicinity of the Sincheon-si, Mayang-si and the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”), and requested to notify the intent of attracting doctors to the Sinyang-si.

Accordingly, according to the difficulty of the Defendant Mineyang Market, the Defendant Mineyang Market and the Intervenor enter into an entrustment contract related to land compensation between the Defendant Mineyang Market and the Intervenor after consultation with each other, and accordingly, requested consent from the landowners of the land anticipated that the construction project of this case will take place, and the specific use area of the said land shall be changed from the Class II general residential area to the quasi-residential area of the relevant land.

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