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(영문) 부산고등법원 (창원) 2018.07.25 2017누10374
예정환지 인가 취소 및 개발 구역(지구)변경 및 환지예정지 지정 및 환지계획
Text

1. Of the judgment of the court of first instance, the Defendant F District Urban Development Project Association was designated as a reserved land for replotting at the second session on June 5, 2015.

Reasons

1. Details of the disposition;

A. The party status 1) Defendant F District Urban Development Project Association (hereinafter “Defendant Association”)

A) The project is an urban development project of replotting with regard to members of Chang Chang-gun, Chungcheongnam-gun, Seoul (hereinafter referred to as “instant project”).

2) The Plaintiff is a current or former owner of 1,118 square meters (hereinafter “D land”) of the land located within the instant project zone, which is the land located within the area prior to the land substitution. The Plaintiff is a director of the Defendant Union.

3) On October 2, 2013, the Mayor/Do Governor, as a designating authority designating an urban development zone, established a development plan, designated a project implementer as a defendant partnership, and authorized an implementation plan. The head of Si/Gu, the head of Si/Gun, in charge of the business of authorizing the establishment of the defendant partnership and approving a land substitution plan. B. The head of Si/Gu, the head of Si/Gun, upon receipt of a request for designation of an urban development zone and a development plan to implement the instant project in Si/Gun, requested on October 2, 2013.

2) On December 30, 2013, the first general meeting of the Defendant Union resolved: “A case of approval for cooperative articles of association and detailed rules; ② a case of election of executives; ③ a case of election of representatives; ④ a case of resolution on a development plan; etc.; the main contents of the articles of association and relevant regulations enacted through the above resolution are as indicated in attached Table 1; 3) the Gyeongnam-do Governor of the Gyeongnam-si, Seoul Special Metropolitan City, on January 9, 2014, set up and publicly announced a development plan for the designation and development of an urban development zone of the F District with respect to the size of 24,750 square meters in Seoul Special Metropolitan City, Chungcheongnam-do.

4) On January 9, 2014, the Defendant Cooperative applied for authorization to establish an association with the head of Si/Gu, and the head of Si/Gu, on January 17, 2014, approved the establishment of the Defendant Cooperative, and on February 25, 2014, the Gyeongnam Do governor designated and publicly announced the Defendant Cooperative as the project implementer on February 25, 2014. 5) On July 10, 2014, the Gyeongnam Do governor approves the amendment of the development plan and implementation plan for the urban development project of the F District.

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