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(영문) 서울고등법원 2015.07.15 2014누60483

완충녹지지정해제신청 거부처분 등 취소청구

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. In the first instance trial on April 29, 2013, the Plaintiffs sought revocation of each rejection disposition regarding the application for the cancellation of the designation of buffer green areas and the application for the alteration of specific use areas filed by the Defendant on April 29, 2013. On April 29, 2013, the first instance court rejected the Defendant’s claim for revocation of the rejection disposition against the Plaintiffs on April 29, 2013, and dismissed the lawsuit on the same day.

Accordingly, since only the plaintiffs have appealed against the losing part, this Court decides only the defendant's rejection of the application for change of specific use area against the plaintiffs on April 29, 2013.

2. The reasoning of the judgment of the court of first instance which cited the judgment of the court of first instance is to be stated in the relevant part of the judgment of the court of first instance.

Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be quoted as it is.

3. As to an administrative plan that requires long-term gender and universality, such as the alteration of the specific-use area, the local residents or the general interested parties may not be allowed to have the right to claim the alteration of the plan on a daily basis, on the ground that there is any change in

It cannot be deemed that the plaintiffs have the right to apply for the alteration of specific use area under the laws or cooking.

Therefore, the part of the plaintiffs' claim for revocation of application for change of specific use area among the lawsuits of this case is unlawful and dismissed.

The judgment of the court of first instance is justifiable in conclusion as above.

Accordingly, the plaintiffs' appeal is dismissed.