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(영문) 대구지방법원 2018.02.08 2017구합23126
장기미집행 도시계획시설 해제신청 거부처분 취소 청구의 소
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. Public notice of the determination of urban planning facilities (school facilities) regarding the instant land is given as follows: (i) A private teaching institute for non-party school juristic persons (hereinafter “private teaching institute”)

A) The Private School Act is a school juristic person under its jurisdiction that operates a general middle school under the Private School Act, and around March 2008, the school facilities are almost 54 and four lots of land (hereinafter referred to as the “school site subject to relocation”) located in the Gu, Nowon-si, Young-si, 278.

(2) Around April 22, 2008, an application was filed for the approval of the superintendent of the Office of Education for the change of the location of school facilities with the content of the relocation to the area, and obtained the approval on March 1, 2010 as to the scheduled date of the relocation from the office of education on the projected date. (2) The ownership was transferred to the Plaintiff on May 18, 201, by reason of the sale and purchase of the original luminous Development Co., Ltd. (hereinafter referred to as “this case’s land”), while the ownership was transferred to the Plaintiff again on May 18, 2017, the ownership was transferred to the Plaintiff on the ground of the sale and purchase.

3) On October 16, 2008, the Defendant determined the school site subject to the transfer including the instant land as an urban planning facility (school site) and publicly announced the topographical map. B. The suspension of school facility relocation project and the Defendant’s previous civil petition response 1) on September 9, 2009, subject to the disposition of approval of the school facility implementation plan under the School Facilities Project Promotion Act by the superintendent of the office of education in the previous site, the construction of new school was carried out on the ground of the previous site. However, the construction of school was suspended due to the dispute on the construction cost of the non-party corporation, the construction company, the non-party corporation, the owner of the instant land, and the dispute on the removal of the original ice and the building litigation.

2. Accordingly, the scheduled date for transferring school facilities has changed from March 1, 2010 to several times at the request of the Gyeong-gu Private Teaching Institutes, and the superintendent of the Office of Education of Gyeong-do has finally made January 23, 2017.

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