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(영문) 창원지방법원 2015.09.22 2014구합22500
임대주택건설사업계획승인처분취소
Text

1. The instant lawsuit seeks approval of the rental housing construction project plan and revocation of the district unit planning zone decision.

Reasons

1. Details of the disposition;

A. The Defendant’s assistant intervenor is a rental housing association that obtained authorization from the Defendant on April 17, 2013 for the purpose of constructing and leasing housing.

B. On July 5, 2013, the Defendant’s Intervenor and C (hereinafter “Defendant’s Intervenor, etc.”) filed an application with the Defendant for approval for a rental housing construction project plan that involves the designation and decision of district unit planning zone and district unit planning, on the land outside E and 52 parcels.

(hereinafter referred to as the “instant project”) a rental housing construction project;

The Defendant Intervenor acquired ownership of at least 90% of the housing site for the instant project (referring to the site for the instant project, which is the site corresponding to the residential site in the list of paragraph 3 of the same Article among the housing site for the instant project (hereinafter referred to as “instant housing site”) and was designated as a public project operator on June 18, 2014 by filing an application for designation as a public project operator under Article 14 of the Rental Housing Act for the instant project with respect to the instant project with respect to the Mayor/Do Governor.

On August 13, 2014, the Defendant issued a disposition to approve the instant project plan to Defendant’s Intervenor, etc. (hereinafter “instant project plan approval disposition”). On August 25, 2014, the Defendant publicly notified the instant project plan approval disposition to the F Public Notice on Sycho-si, 2014. The main contents of the public notice are as follows:

3. Location and size of the project site, and the scale of construction housing;

(a) Location of business: E in Jeju, and 52 lots (site area: 3,361 square meters);

5. Legal fiction of authorization, permission, etc. under other Acts.

C. Determination of an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

6. Matters deemed publicly notified pursuant to Article 17 (1) of the Housing Act.

(a) Determination (Modification) of an urban/Gun management plan (D) under Article 30 of the National Land Planning and Utilization Act; - Attachment 1 [Attachment 1].

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