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(영문) 창원지방법원 2019.11.21 2019구합50890
토지수용재결무효확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff is the owner of each parcel of land listed in the separate sheet No. 1 (hereinafter “instant land”). Defendant B Co., Ltd. (hereinafter “Defendant B”) is the company that obtained a building permit for a main complex building outside C and 16 lots of land near Jinju-si in the instant land.

B. Around September 2017, Defendant B filed an application for designation as an implementor of an urban planning facility project to construct urban planning facility (road) (road) on ten parcels outside D and 10 lots of land, Jinju City City Mayor.

C. On October 26, 2017, Defendant Jinju Mayor: (a) designated a project implementer as Defendant B pursuant to Articles 86 and 88 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Articles 96 and 97 of the Enforcement Decree of the National Land Planning and Utilization Act with respect to the Jinju Urban Planning Facilities (Road E, E, E, E, E, E, and C) and publicly announced the implementation plan for the urban planning facility project.

Of the instant land, I and J land were incorporated into F site by lawsuit. D. Defendant Jinju changed the Jinju Urban Management Planning on November 2, 2017, as follows: (m) the extension of the function of classification: (m) the extension of the end point of the first determination, the number width by class (m) the first day of the first determination of the type of use of the starting point of H 10 NN road, 90 large NN, 139 (7 July 2, 2013) of the general road warning No. 139, 10-5, 10-10 to the small-scale warning No. 102, 10-7, 139, 10-7, 10-7, 10-7, 13-7, 10-7, 10-7, 13-7, 18-7, 5-7, 198, 7-7, 198.

E. The defendant Jinju market is above December 28, 2017.

The name of the Jinju Urban Planning Facility Project described in paragraph (1) is an urban planning road (U, NF, NG) construction, the area or scale of the urban planning facility project has been changed as follows, and the implementation plan for urban planning facility project has been approved and publicly notified.

Jinju.

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