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(영문) 광주지방법원 2020.02.13 2019구합170

도시계획시설사업 시행자지정 및 실시계획인가 취소처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 27, 2015, the Plaintiff was a stock company established for the purpose of urban development projects, tourist facilities, leisure projects, etc., and obtained from the Defendant the designation of the implementor of an urban planning facility project (hereinafter “instant project”) with the condition attached to the instant application form, and authorization of an implementation plan (hereinafter “previous disposition”) with respect to the instant application form”). The main contents are as follows.

Authorization of implementation plan

2. Type and title of the project;

(a) Kind: An inn urban planning facility project;

(b) Name: C development project;

3. Size or scale of the project;

(a) Area: 139,99 square meters;

(b) Major facilities: Resort facilities, convenience facilities, management facilities, and green facilities;

5. Scheduled date and scheduled completion date of the project.

(a) Scheduled date: 2015. (Date of authorization of implementation plan);

(b) Date scheduled for completion: December 31, 2017;

3. He shall submit documentary evidence at the time of us after the payment of all the amounts pursuant to the individual laws has been made before the commencement.

- Expenses incurred in creating forest replacement resources: 249,119,600 won; 11. Pursuant to the project plan submitted at the time of application for authorization of the implementation plan, the project shall be completed within the authorization period, and where the project plan is modified due to unavoidable reasons, the modification shall be executed after obtaining authorization

B. The Defendant revoked the previous disposition (hereinafter “instant disposition”) against the Plaintiff on May 10, 2018 on the ground that the Plaintiff failed to implement the instant project by the execution period without paying the expenses for creating forest replacement resources, etc., and on May 10, 2018, on the grounds that “the period for authorization of implementation plan expires, the conditions for authorization are not fulfilled,

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on December 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, 5, 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion.