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(영문) 울산지방법원 2016.06.23 2015구합1742

도시관리계획 결정처분 무효

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s spouse B is the owner of Ulsan Jung-gu C and D (hereinafter “instant land”).

B. The Defendant: (a) established the “Management Plan for Development Restriction Zones in Ulsan-gu, 2016; (b) the head of Ulsan-gu, the head of the Gu in Ulsan-gu, the local daily newspapers from April 4, 2011 to April 21, 2011; and (c) underwent the procedures for hearing the opinions of the residents, such as making a public announcement of access to the residents by posting the same on the local daily newspapers, Ulsan-gu, and Ulsan-gu, Ulsan-gu, Seoul; and (d) on March 14, 2012, the Defendant applied to the Minister of Land, Transport

C. On June 14, 2012, the Central Urban Planning Committee of the Ministry of Land, Transport and Maritime Affairs presented to the Defendant an approval condition that part of the land including the instant land (hereinafter “instant incorporated land”) be included in the urban park planning site. Accordingly, the Defendant changed a development restriction zone management plan to incorporate the instant incorporated land into the urban park planning site, and was newly established on March 23, 2013 in order to perform functions of national land management among the affairs of the previous Ministry of Land, Transport and Maritime Affairs.

The Ministry of Land, Infrastructure and Transport does not distinguish between the Ministry of Land, Infrastructure and Transport.

The Minister of Land, Infrastructure and Transport approved a development restriction zone management plan on August 8, 2013 after deliberation by the Central Urban Planning Committee.

(hereinafter referred to as “the modified management plan for development restriction zones”) is the instant management plan. D.

The Defendant reflected the instant management plan in the urban management plan, and formulated a proposal to revise the urban management plan (park and public vacant land) that includes the land incorporated into the instant E Park, which is a neighboring park, and made a public announcement and perusal of residents on October 16, 2014, and made a public announcement and deliberation by the Urban Planning Committee on December 19, 2014, and determined and announced the urban management plan (park, public vacant land) by means of the public announcement of Ulsan Metropolitan City on December 24, 2014.

hereinafter referred to as "disposition of this case"

E. The Plaintiff.