관광지 지정 및 조성계획 무효확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds alleged by the Plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance is re-examineed along with the allegations by the Plaintiffs, the judgment of the court of first instance that dismissed all of the lawsuits
Therefore, the reasoning of this court concerning this case is that the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance except for partial revision as follows. Thus, this court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text
2. On the third part of the judgment of the court of first instance, the part to be modified is to revise “72,63 square meters of S forest land” to “7,263 square meters of forest land” in the indication of each land owned by Plaintiffs B, 8, H, and 9 I in the table on the land owned by the Plaintiffs.
The part of the 5th judgment of the first instance to the 6th end of the 6th judgment shall be amended as follows:
Article 50(4) of the former Tourism Promotion Act (amended by Act No. 7232, Oct. 16, 2004; hereinafter the same) provides that the Ministry of Culture and Tourism under the Tourism Promotion Act has changed from the Ministry of Culture and Tourism to the Ministry of Culture, Sports and Tourism according to the amendment of the Government Organization Act, but the Ministry of Culture and Tourism has changed from the Ministry of Culture and Tourism to the Ministry of Culture and Tourism, but it shall be indicated by the Ministry
Article 50(1) provides that the designation of a tourist resort shall be publicly notified when it is designated pursuant to Article 50(1), and the Mayor/Do governor shall give public notice when he obtains approval of a creation plan from the Minister of Culture and Tourism pursuant to Article 52(3).
In addition, Article 75 (1) of the former Tourism Promotion Act and Article 62 (4) and (5) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 18800, Apr. 22, 2005; hereinafter the same) provide that the Minister of Culture and Tourism shall delegate the authority concerning the designation and public announcement of tourist destinations and the approval and public announcement of a plan for creating tourist destinations to the Mayor/Do Governor,