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(영문) 대전고등법원(청주) 2017.11.01 2017누2913
주택건설사업계획승인처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 19, 2004, in order to promote an urban development project (hereinafter “instant urban development project”), which is implemented in the area of approximately 460,000 square meters of the Hanwon-gu, Cheongju-si, Cheongju-si (hereinafter “H Association”), a promotion committee was organized, and the Chungcheongbuk-do governor announced the designation of the instant urban development project area and the establishment of a development plan on May 4, 2007.

B. Upon the establishment of the instant urban development plan, the H Association Promotion Committee was applied for collective land substitution from landowners within the instant urban development project zone in order to promote the instant urban development project by collective land substitution method.

C. A is a person owning the land indicated in the attached Table (hereinafter “instant land”) within the instant urban development project zone, and is above B.

As stated in paragraph (1), the H Association Promotion Committee received a collective land substitution application, and on June 7, 2007, submitted a collective land substitution application to the H Association Promotion Committee for the instant land owned by it. D.

H An association obtained authorization for the establishment of the instant urban development project implementer on October 26, 2007.

After that, on November 15, 2007, a general meeting for the establishment of an association was held, and the association members expressed that “the instant urban development project is completed by building and selling apartment units on the site of multi-family housing at a series of stages for the construction project of multi-family housing,” and resolved the H association’s articles of association and the replotting execution rules.

E. On November 2012, HA prepared a replotting plan after obtaining authorization of an implementation plan for the instant urban development project by using the replotting method from the Defendant, with regard to the instant urban development project. The part corresponding to J block (i.e., KNK) in the instant urban development project zone (hereinafter “instant project site”) shall be decided by means of collective replotting in order to build multi-family housing by establishing a collective replotting. On March 20, 2013, HA gave guidance to desired members of the instant project site.

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