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(영문) 의정부지방법원고양지원 2016.09.08 2014가합4668
기반시설설치사업비
Text

1. The Defendant’s KRW 850,000 and KRW 000,000, when the date of completion of the disposition of replotting for an urban development project in the ancient city zone arrives.

Reasons

1. Basic facts

A. The Governor of the Gyeonggi-do, on August 24, 2004, designated and publicly announced as an urban development zone (hereinafter “instant urban development zone”) the area of 344 square meters of daily meal 344,940 square meters of Yongsan-gu, Yongsan-gu, Busan as an urban development zone pursuant to Articles 3 and 9 of the Urban Development Act.

On January 17, 2005, the Defendant, as the owner of the plot of land, 670-27 and 4 (hereinafter the above five parcels of land combined with the above five parcels of land) located in the Yongsan-gu Incheon Metropolitan City in the instant urban development zone, was granted a building permit for two Dongs of "Pungsan City" (hereinafter the “instant building”) with respect to the first floor above the instant land and second floor above the ground and second floor above the ground.

B. The Plaintiff was a cooperative established by landowners in the instant urban development zone for urban development under Article 11(1)6 of the Urban Development Act, and registered the establishment of the association on November 9, 2004. On August 30, 2005, approval of development plan was obtained on May 17, 2006, and promoted an urban development project for the ancient-style zone according to the replotting method (hereinafter “instant urban development project”). As part of the instant land was incorporated into the instant urban development project, the Defendant agreed to be transferred from the Plaintiff to the next site of the instant urban development project.

The location of the instant urban development project district, the instant building, the land subject to the replotting, and the land scheduled for replotting shall be indicated in the attached Form.

(The land scheduled for replotting shall be limited to C3-1, 2, and 34). On March 25, 2009, the defendant obtained a building permit again from the Goyang market to the design contents including the above land scheduled for replotting.

C. The boundary line of the front site of the instant building and the part between the instant urban development project district (hereinafter “instant boundary part”) were designated as public vacant land in accordance with the district unit planning of the instant urban development project, but Article 40(2) of the 1st unit planning guidelines for the implementation of the instant urban development project.

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