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(영문) 울산지방법원 2018.03.21 2017가합21783
지구단위계획변경신청 절차이행 청구의소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Ulsan Metropolitan City Mayor designates B complex as a “B complex” for the purpose of “to promote the development of the logistics industry in Ulsan Metropolitan City and actively cope with the increased demand for logistics facilities,” and the designation authority designates B complex as a “B complex” pursuant to Articles 23, 27, and 29 of the Act on the Development and Operation of Logistics Facilities, the said C-dong Land as a “B complex” and the Defendant designates the two-stage development projects in the above logistics complex (hereinafter “instant project”). On December 15, 201, the two-stage development implementation plans formulated by the Defendant (the notice D of Ulsan Metropolitan City; hereinafter “the first implementation plan of this case”) were approved and published on December 15, 201, and the Defendant is proceeding with the said project after modifying the implementation plan several times.

B. On May 25, 2012, the Plaintiff jointly sold the two-stage B complex F and G site 32,325 square meters (site use: household complex) by the Defendant jointly with E (hereinafter “E”) on May 25, 2012.

C. On November 6, 2012, the Plaintiff and E requested the Defendant to apply for the issuance of shares and to modify the sales contract with the following content on the ground that “if it is intended to divide the lots of land, it may be divided according to the Class 1 district unit plan, and if requested by the Plaintiff and E according to the project plan of “Plaintiff and E”, it shall be reflected at the time of modification of the implementation plan (Class 1 district unit plan):

Plaintiff G 13,223m2,223m2, which is Plaintiff G13,223m2,00, which is Plaintiff 19,102m2, a company name, company name, lot number size, company name, company name, etc. after the alteration of the border area.

D. The Defendant accepted the said request and on November 23, 2012, concluded a sales contract with the Plaintiff with the content of “g: size: 13,223 square meters, site usage: Sales facility and cultural assembly facility” (hereinafter “instant sales contract”).

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