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(영문) 의정부지방법원 2018.02.06 2016구합9188

도시계획시설사업실시계획인가처분무효확인 등

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1. All of the plaintiffs' primary claims are dismissed.

2. The Government of the Defendant A and the Defendant Co., Ltd. shall jointly serve.

Reasons

1. Basic facts

A. As a member of the F clan, the plaintiffs are specified only by the above clan 3’s land indicated in the attached Table 3 (hereinafter referred to as “the land of this case”), and completed the registration of ownership transfer after obtaining a title trust from the above clan.

B. On May 15, 1954, the government rendered a decision on urban planning facilities (Crein Park) with respect to H, I, and J-won 864,955 square meters, G, Do Government-si, G with internal affairs announcement.

C. On April 3, 2013, the Defendant’s government market designated and publicly announced the Defendant’s Government and the Defendant A Co., Ltd. (hereinafter “Defendant A”) as joint implementers on December 2, 2014, following the public announcement of the proposal of the private park promotion implementer regarding the development project for the neighboring C Park (hereinafter “instant Park”) (hereinafter “instant project”). On December 5, 2014, the compensation plan for the land and goods to be incorporated into the instant project site was inspected and publicly announced.

(2) The facility area (2) (2) the facility area (273,383 square meters in a fixed area, 261,720 square meters in a changed area) (3) the building area (8,885.35 square meters in a fixed area, and 8,870.35 square meters in a changed area) (4) The green area (including a fixed area, 591,572 square meters in a fixed area, 603,235 square meters in a changed area, and 84,000 square meters in a non-fixed park facility)

D. On February 16, 2015, the Defendant’s government market announced the decision on the urban management planning (amended) and topographic drawings concerning the instant park (hereinafter “decision on the instant urban management planning”) and the main contents thereof are as follows.

E. According to Articles 88 and 91 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) on August 4, 2015, following the public announcement of a project implementation plan on May 26, 2015, the Defendant’s government market approved and publicly announced the project implementation plan that installs 412,603 square meters of park facilities and 84,000 square meters of non-park facilities on the instant project site (hereinafter “instant authorization disposition”).