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1. Revocation of the first instance judgment.
2. The Defendant’s urban development project implementer on May 2, 201 against the Plaintiff.
Reasons
1. Details of the disposition;
A. E. E.S. Co., Ltd. (hereinafter “E.S.”) proposed that the Defendant designate a single unit of 2458 E.S. Sinnam-si as an urban development zone. On May 15, 2009, the Defendant accepted the proposal as above, and designated a new unit of 2458 U.S. Sinnam-dong 244,235m2 (hereinafter “instant site”) as “S. E.S. Sinnam-dong 13m235m2 (hereinafter “instant site”) as an urban development zone (hereinafter “instant urban development zone”) without designating an implementer, and publicly notified as a Sinnam-si 209-61 of E.S. notification.
B. According to the above urban development project plan, the purpose of designation of the urban development zone is ① the balanced development of the existing city due to the planned development of a site prior to an industrial area, restoration of regional-centered functions, creation of greenmark, expansion of green space, revitalization of urban center areas, and creation of a pleasant residential environment. ② The implementation period of the urban development project is from the time of authorization to implement the project to the date of public announcement of construction completion. ③ Specific contents of the land utilization plan and infrastructure plan are the above area is to develop the above area at the rate of 34.9%, commercial land (multi-unit housing land), 31.8%, commercial land (general commercial land), 5.5%, and green space 27.8%, and to this end, the development zone in this case is designated as Class 1 district unit planning zone (district unit planning established to rationalize the use of land, to improve
C. On September 1, 2009, the Plaintiff entered into a contract under which the rights relating to the instant urban development project are to be acquired by E.S., and then, around November 20, 2009, the Plaintiff entered into a contract with the limited company and the limited company next to the crowdfunding.