도시관리계획결정처분취소 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Circumstances and details of the disposition;
A. Plaintiff A’s Urban Environment Improvement Promotion Committee (hereinafter “Plaintiff’s Promotion Committee”) is an organization established around February 10, 2009 to promote an urban environment improvement project in the real estate indicated in the attached Table list, and approved by the Defendant on March 20, 209. Plaintiff B is the representative of Plaintiff’s Promotion Committee and the Plaintiff’s 1/3 share holder of the ground-land building listed in the attached Table No. 129 (hereinafter “instant building”).
B. On October 26, 201, the Plaintiff Promotion Committee filed an application with the Defendant for a rearrangement plan for urban environment rearrangement projects and designation of rearrangement zones (hereinafter “instant application”).
C. On November 16, 201, in order to obtain permission for the instant application, the Plaintiff Promotion Committee filed an application for permission to change the current state of cultural heritage D, and obtained permission from the Defendant on April 22, 2015. At the Defendant’s request, the Plaintiff Promotion Committee submitted documents to carry out resident briefing sessions and resident perusal.
On April 14, 2017, the Defendant announced on April 14, 2017 the F “Public Notice of Designation of Areas Restricted to Permission for Development Acts and Notification of Topographical Map” (hereinafter “Public Notice of Designation of Areas Restricted to Permission for Development Acts”) as follows:
Although permission for development of an area including real estate in the attached list was restricted, the Plaintiff’s application of this case constitutes an exception to restriction since it constitutes an application for a rearrangement zone and maintenance plan received prior to the date of public notice of perusal.
1. Places subject to restriction - Location: 1,480,341 square meters in total area, Gdong, Hdong, and I Dong in Jeonju-si; and
2. Grounds for restrictions - J and surrounding areas shall be designated as restricted areas for development activities under Article 63 of the National Land Planning and Utilization Act, as an area for which an urban management plan is to be formulated and determined, the designation of an aesthetic district or scenic district is anticipated and the standards for development activities are expected to be
3. Restriction period: