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(영문) 수원지방법원 2019.04.11 2018구합68507
사업시행계획취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and rearrangement project partnership established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and is a project implementer of the project to remove buildings within 107,767m2 (hereinafter “instant rearrangement zone”), which is located within 107,767m2 (hereinafter “instant rearrangement zone”), and build new buildings on the site.

The Plaintiff owned the instant building as a non-corporate body, which is a non-corporate body, and owned the building of 886 square meters of the Gu D Religious Site (hereinafter “instant land”) and its 4th floor (hereinafter “instant building”), the E parking lot 112.2 square meters (hereinafter “instant parking lot”), and the first floor G (hereinafter “the instant multi-household”) among multi-household housing on the F 2nd floor, during Gyeyang-si located in the instant rearrangement zone, and used the instant parking lot as the above church’s parking lot, and the instant multi-household housing as the above church’s parking lot.

B. On May 29, 2018, the Defendant applied for the approval of the project implementation plan for the instant project to Gyeyang City Mayor (hereinafter “instant project implementation plan”), and on May 29, 2018, the Gyeyang City approved the instant project implementation plan to the Defendant and publicly notified it as H in the public notice at Ansan City.

The main contents of the project implementation plan of this case are as follows.

3. Related grounds, including the temporary accommodation facilities, 2) Residents migration measures: The association articles of association (1) may arrange members who desire to provide moving expenses for support by concluding an agreement with a financial institution directly or concluding an agreement with the contractor.

In such cases, the member who receives the relocation expenses shall provide the land and buildings owned within the project implementation district as security.

(3) Assistance in moving expenses for members shall be calculated on the basis of the aggregate of the previous land and building values for each member appraised.

(4) Goods shall be removed by implementation of the project.

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