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(영문) 대전지방법원 2015.12.02 2015구합101701
주택건설사업계획승인취소신청거부처분취소
Text

1. On January 9, 2015, the Defendant rejected the Plaintiff’s application for revocation of the approval for the housing construction project plan.

Reasons

Details of the disposition

On April 25, 200, the approval for the housing construction project plan and the approval for the alteration of the business entity, the detailed plan for the housing construction project that constructs a leased apartment 618 households on the ground of 14,658§³ A, B forest and field 14,659§³, and C forest and field 620§³ (hereinafter “each of the instant lands”) from the Defendant on April 25, 200, and subsequently, the said project plan was suspended when construction was conducted (the instant project is referred to as the “instant project,” and the said project plan was referred to as the “instant project plan”).

On May 1, 2002, Geumsan Development Co., Ltd. purchased the above A 14,658 square meters and B 14,659 square meters of forest land among each of the instant land from Sejongan Co., Ltd. on May 1, 2002. On May 13, 2002, after completing the registration of transfer due to the said sale, the registration of transfer was completed on May 13, 2002, changing the subject of the instant project from the Defendant to Geum River Development Co., Ltd.

Then, the Defendant joining the Defendant (hereinafter “the Intervenor”) purchased on September 2, 2005, each of the instant land and the instant land E, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-nam, for the auction procedure of the D real estate rent for Seosan District Court of Daejeon on September 2, 2005, and completed the registration of ownership transfer on the said four parcels on the same day.

An intervenor between one asset trust Co., Ltd. on September 2, 2005 and one asset trust (a stock company prior to the alteration; hereinafter referred to as "one asset trust"), if one asset trust receives and preserves and manages the above four parcels of land from the intervenor in trust, and the first beneficiary is designated as a participant, and if the intervenor fails to perform his/her obligation under the credit transaction agreement with the Saturdays Mutual Savings Bank (hereinafter referred to as "Mamatotomat Mutual Savings Bank"), one asset trust is to guarantee its performance by realizing and settling the trust property at the request of the Saturdays Mutual Savings Bank.

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