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(영문) 인천지방법원부천지원 2019.01.11 2018가합104084
소유권이전등기
Text

1. The Defendant is based on the Plaintiff’s gratuitous reversion on August 21, 2017 with respect to each land indicated in the list (attached Form 1).

Reasons

1. Basic facts

A. In accordance with Article 26 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Defendant-affiliated University proposed an amendment to an urban management planning facility determination (amended) on January 17, 2013, and filed an application on March 15, 2013 for an amendment to an urban management plan.

B. After consultation with the heads of relevant administrative agencies, deliberation by the Urban Planning Committee, etc. pursuant to Article 30 of the National Land Planning and Utilization Act, on October 14, 2013, the Bupyeong-si announced D pursuant to Article 32 of the same Act, “Scale, E, breadth, 18 meters in width, function: Clustering roads, starting point and ending point: F-G (Buniversity), and a road with general roads (hereinafter “instant road”), the decision on urban management plans (road: roads) and topographic drawings were publicly announced.

C. On May 16, 2016, the Busan City announced the designation and implementation plan of Hro Urban Planning Facility Project (Road: Road) executor as publicly notified by Busan City pursuant to Articles 86, 88, and 91 of the National Land Planning and Utilization Act on May 16, 2016 under the condition that the Defendant I’s representative should be designated as the project executor, and that “the implementation of administrative procedures for gratuitous reversion to public facilities shall be carried out.”

On May 22, 2017, the Bupyeong-si Si announced on May 2, 2017 that the previous project area, etc. was modified by J, which included the following final authorization for the implementation plan, and the said notification includes the content that each of the land owned by the Defendant (attached Form 1) in the instant road site (hereinafter “instant land”) should be gratuitously reverted to the Plaintiff pursuant to Article 99 of the National Land Planning and Utilization Act:

The main contents of the Busan Urban Planning Facility (Road in this case) project (No. 9-2): The project location: the name of the project of the K K-Japan project: the name of the project of the urban planning facility (road) project: the (m) the type of implementation classification classification for the type of the project for the extension of the classification of the project size of the C access road development project.

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