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(영문) 부산지방법원 2019.10.11 2019구합21390
재정비촉진계획변경입안제안신청거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff determination of an urban renewal acceleration plan against A is a non-corporate association approved by the Defendant upon filing an application for establishment with the consent of a majority of the owners of land, etc. pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to carry out the relevant work, such as preparing for authorization to establish an urban environment rearrangement project association in relation to A (U.S. Geum-gu Seoul Metropolitan Government B, 91,141С, hereinafter

On May 23, 2007, the Mayor of Busan Metropolitan City designated D as public notice C at the request of the defendant who is a drafting authority in accordance with the special law for the promotion of urban renewal.

On May 27, 2009, the Mayor of Busan Metropolitan City publicly announced urban renewal acceleration plans, etc. concerning the instant renewal zone (hereinafter referred to as the “instant renewal plan”) as E-mail in Busan Metropolitan City.

At the time of Busan Metropolitan City Mayor, after reviewing whether or not the existing parking lots, children's parks, markets, public offices, religious facilities, schools, hospitals, public parking lots, etc. in the renewal zone of this case are relocated or retained, two hospitals (F hospitals and G hospitals) were designated as medical facilities under the land utilization plan and maintained the small parks as they are.

Therefore, the renewal plan of this case was formulated to maintain the part of G hospital of the F Hospital of the size of 3,088 square meters, which is the part inside the ship connected to each point of the attached Table 2, 3, 4, 5, 6, 7, and 2, and the part of G hospital of the size of 1704 square meters, which is the part inside the ship connecting each point of the items of 8,9,10, 11, and 8, which is the part of the F Hospital of Busan Si-gu, Busan (hereinafter “F Hospital part”), which is the part of the ship connecting each point of 2, 3, 4, 5, 6, 7, and 1, in order to maintain each medical facility, and the part of the G hospital of 1,2, 7, 6, and 1, which is the part inside the ship (hereinafter “G hospital part”).

The Plaintiff’s proposal for amendment to the renewal plan of this case is the case.

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