주택건설사업계획승인처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Details of the disposition;
A. The Plaintiff is the owner of the Seo-gu, Seo-gu, Gwangju and a building with a 346 square meters wide and its ground.
B. On July 6, 2018, the Defendant issued a disposition to approve the housing construction project plan with respect to the Defendant’s Intervenor, including the said Plaintiff’s land (hereinafter “instant disposition”). On July 9, 2018, the Defendant publicly announced it as Seo-gu, Gwangju Metropolitan City’s public announcement E on July 9, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion
A. As Defendant Intervenor failed to secure ownership of more than 95% of the relevant site area necessary for obtaining approval of the housing construction project plan, the instant disposition is unlawful.
B. The instant disposition that approved the housing construction project plan to include the Plaintiff-owned land as a project site was deviates from and abused discretionary authority.
3. Attached statements to the relevant Acts and subordinate statutes;
4. According to Article 20(1) of the Administrative Litigation Act as to the legitimacy of the instant lawsuit, a revocation lawsuit shall be instituted within 90 days from the date on which it becomes aware of the cause of revocation, etc., and whether the period for filing a lawsuit is complied with is an ex officio examination by the court as a requirement
Meanwhile, regardless of whether a person who has an interest in an administrative disposition based on the public notice was actually aware of the fact that the public notice took effect on the date when the public notice takes effect (see Supreme Court Decision 2010Du2623, Mar. 14, 2013); and in cases of a public notice document to inform the general public of a specific matter, such as a public notice or public notice, the public notice or public notice, shall take effect from the date five days after the public notice or public notice takes effect, except as otherwise expressly provided in
(Article 6(3) of the Regulations on Promotion of Administrative Efficiency and Collaboration. However, the fact that the notice of the instant disposition was issued on July 9, 2018 is earlier.