도시계획사업 실시계획고시처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation concerning this case is as follows. Thus, the reasoning for the court’s explanation is as follows: Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act: (a) cites this case in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
Part 3 of the judgment of the first instance court, "No. 1, 2014" in Part 11 shall be deemed " November 2015".
(b)each evidence in the preceding 17th sentence of the first instance court’s 10th page “the foregoing evidence” added to “A’s 11,12, 14 through 17, 20, 5 and 6, and the images of evidence A’s 13.”
(c)in addition to the following parts between 10 pages 10 and 11 of the first instance judgment:
The No.50m. of this case’s buffer green zone from the time of its designation was 50m to 350m. This is larger than the width of the general railroad buffer green zone. As seen earlier, the buffer green zone of this case is considerably divided into city and industrial complex in the shape of approximately 11.8km between South and North Korea depending on the East-west side line. In light of the fact that the designation authority of the buffer green zone of this case was formed at the time of the creation of the buffer green zone of this case, it may be deemed that the buffer green zone of this case was widely designated in consideration of not only the south Sea-west Line, but also the large-scale national industrial complex that was being developed (including the development of the buffer green zone of this case, street change, district change, green zone creation, etc.) (the notice of the creation of the buffer green zone of this case is only written, and it does not stipulate the purpose of the buffer green zone of this case, the purpose of the establishment of the green zone of this case, facilities for designation, etc.
(5) Even if the designation authority did not directly consider the national industrial complex to be completed in the future at the time of the designation of the buffer greenbelts, in light of the type, size, etc. of the buffer greenbelts as seen earlier, it seems that not only the buffer greenbelts of railroad facilities, but also the necessity as a green belt for urban development in Ulsansan is also considered.