사업시행인가처분 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the owner of the Seo-gu Seo-gu Seoul Metropolitan Government Bdong (hereinafter “Bdong”) C, 198 square meters and D 107 square meters and 107 square meters (hereinafter “instant land”).
B. In accordance with the Urban Planning Act and subordinate statutes enforced at the time of August 29, 197, the Do governor determined and publicly announced an urban planning with the content of constructing roads in the area including the instant land to be E.
1. The location of the project site and the F Member;
2. Type and name of the project: The name of the urban planning facility project (G): Construction works for opening of an I hotel in H;
3. 37 square meters out of the area or scale of the project implementation or the land of F Institute, including the instant land (including the incorporation before completion);
4. Project executor: Youngju Mayor; and
C. On July 28, 2017, the Defendant issued a public notice of approval of the implementation plan (hereinafter “instant disposition”) on September 22, 2017 pursuant to Article 88 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) with respect to the Filwon’s urban planning facility project (road), including the instant land, pursuant to Article 90 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 99 of the Enforcement Decree of the same Act.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, Eul evidence No. 1 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) Article 96 of the National Land Planning and Utilization Act provides for the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects with respect to the expropriation and use necessary for an urban/Gun planning facility project (hereinafter “Land Compensation Act”).
The provisions of Article 91 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the announcement of an implementation plan under Article 91 of the National Land Planning and Utilization Act. In such cases, the approval of a project and the announcement thereof under Articles 20 (1) and 22 of the Land Compensation Act shall be deemed to have been granted and made, and Article 21 of the Land Compensation Act shall