logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.04.17 2018구합1246
지구지정제안 불수용처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 12, 2017, the Plaintiff suggested the Defendant to designate the instant application as “C-type rental housing supply promotion district” pursuant to Article 23(3) of the Special Act on Private Rental Housing (amended by Act No. 15356, Jan. 16, 2018; hereinafter “Private Rental Housing Act”) in order to construct and supply corporate-type rental housing (multi-family housing 1,900 households) on the Daegu Suwon-gu and 91 parcel (hereinafter “the instant application site”) located within a development restriction zone.

(hereinafter “instant proposal”). (b)

On December 20, 2017, the Defendant notified the Plaintiff of whether the criteria for the selection of the area subject to release of development restriction zones are met, whether the criteria for exclusion are met, development demand, financing plan, etc.

C. Nevertheless, the Plaintiff did not submit relevant documents, and on February 7, 2018, the Defendant notified the Plaintiff that “the proposal of this case is not acceptable” for the following reasons.

(hereinafter “instant disposition”). The Plaintiff’s proposal is the most essential issue to determine whether to accept a proposal to cancel a development-restricted zone, since commercial rental housing projects are implemented within the development-restricted zone.

According to the guidelines for formulating an urban management plan to adjust development restriction zones (amended by Ministry of Land, Infrastructure and Transport Directive No. 1060, Aug. 10, 2018; hereinafter “Guidelines for modifying urban management planning”), a corporate rental business entity should submit documents related to cancelling development restriction zones (hereinafter “related documents”) to the Defendant, who is a drafting authority, before December 31, 2017.

Although the Defendant notified the Plaintiff of the supplement to submit the pertinent documents, the Plaintiff did not submit the pertinent documents by December 31, 2017.

arrow