(영문) 광주고등법원(제주) 2015.12.02 2014누535

사업시행자의 지정취소처분취소


1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.


1. Details of the disposition;

A. The Plaintiff owned 16,984 square meters of D forest in Seopo-si, Seopo-si, Seopo-si (hereinafter “instant land”), E prior 7,213 square meters, F prior 6,086 square meters, G field 4,388 square meters, etc. within the B Park development project zone located in Seopo-si, Seopo-si, Seopo-si, Seopo-si, and the instant land is designated as an absolute conservation zone, and is designated as a neighboring park district under the Urban Management Plan of Seopo-si.

B. The Defendant has formulated and promoted the B Park development project plan as follows. In that process, the Plaintiff requested the Defendant to submit the project plan on February 10, 2009, and submitted the B Park development project plan to the Defendant on February 13, 2009.

B Park creation plan services on August 26, 2008 (work on February 4, 2010) from March 17, 2009 to February 17, 2009

3. 31. Deliberation of the Urban Planning Committee on April 13, 2009 on the pending report of the Environmental City Committee of the Provincial Council on April 13, 2009 - Reporting on the progress of change of park building plan services on January 22, 2010.

C. After that, on February 10, 2010, the Defendant changed the existing Seopo City Urban Management Planning (Urban Planning Facilities: Green Park) with respect to B parks and publicly announced a topographic map accordingly, and then the same year.

6.3. Public notice of the Seopopopo City of Seopopopo City, pursuant to Article 86 of the former National Land Planning and Utilization Act (amended by Act No. 9982, Jan. 27, 2010; hereinafter “National Land Planning Act”), the designation of the implementer of an urban planning facility project that designates the Plaintiff as the project implementer of an urban park development project (hereinafter “instant project”) in the instant land as follows pursuant to Article 86 of the same Act:

(hereinafter referred to as “instant project implementer’s designation disposition”; 60 days from the date of the Plaintiff’s public notice, 150 days from the date of the application for authorization of the project implementer’s implementation plan for the location and name of the project site; and 70 days from the date of the construction of the site for the project site;

D. On June 25, 2010, the Plaintiff is a business area in the instant land to the Defendant.