공원조성계획 입안제안 거부처분 취소 등
1. Of the instant lawsuit, the disposition of refusing to formulate and propose a park building plan as of August 3, 2016 to Defendant Incheon Metropolitan City Mayor.
1. Details of the disposition;
A. On December 14, 2015, the head of the defendant Incheon Metropolitan City publicly announced a project target selection plan (the Incheon Metropolitan City public announcement C; hereinafter “instant planning announcement”) under the title of “the method of implementation of the Incheon A project, the criteria for selecting the project target, and the receipt of proposals,” with respect to the urban park created in the Bupyeong-gu Incheon Metropolitan City B B (hereinafter “instant land”).
Among the contents of the instant notice of planning, the main parts related to the instant issues are as follows.
1. Outline of the A project;
(a) Persons subject to application: Urban parks with an area of not less than 50,000§³ in total;
(b) Terms and conditions of the project: Creation of a park (donation) - Installation of non-park facilities (e.g., cancellation of a park), the area of which is at least 70 percent;
(c) Securing project costs: Costs borne by the private park promoters;
2. Method of project implementation and standard for selecting project recipients;
(a) First priority for applying the method of implementation of a project: The method of public offering - Where two or more proposals for a project under the same conditions are received as a result of the implementation of the proposal method;
(b) 1) If the receipt of a proposal within four months after the public announcement of the selection of a project object is made, the project object shall be determined: Provided, That if there are at least two cases in receipt of the proposal, the first priority shall be determined according to the order of priority: Where there is no proposer in the sole method of implementation (2/3 securing land and 1/2 consent of the owner): where there is no proposer in the joint method of implementation (4/5 deposit for the site purchase), or the project implementer is not designated, the first proposer shall be determined as the project object after the public announcement: Provided, That where there are multiple proposals within one month after the receipt of the proposal by the first proposer, the second proposer shall be determined as the project object: 2) where there is no proposer in the joint method of implementation (1/3 securing land and 1/2 consent of the owner):
B. On February 24, 2015, the Plaintiff is a company established for the purpose of housing construction and sale in lots, and is also subject to the public notice of the instant plan.