토지소유권에대한도로변경결정원인무효취소
1. The part of the lawsuit in this case seeking revocation shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. The Plaintiff is holding the Seongbuk-gu Seoul Metropolitan Government Land Site C (hereinafter “instant land”) and a building on the ground.
In May 2014, the Defendant decided to remove and rebuild D as a result of a thorough safety inspection conducted by around May 2014, after being designated and publicly notified as a disaster risk facility.
On July 9, 2015, in order to expand the scope of the road necessary to install a bypass temporary bridge for the removal and remodeling of D, the Defendant made a decision on the alteration of an urban management plan and a topographical map (hereinafter “instant urban management plan”) with the content of the alteration of urban planning facilities, and included the instant land and the Plaintiff’s buildings in the planned zone.
According to the instant urban management plan, the Defendant did not undergo a separate hearing procedure on the grounds that the time and end points of the existing road are not modified, and that the center line does not deviate from the scope of the previously determined road.
In order to implement the project under the instant urban management plan, the Defendant issued a public notice of implementation plan (project approval) on November 19, 2015, and a public notice of change of implementation plan (project approval) on June 16, 2016, respectively, to implement the project under the instant urban management plan.
(hereinafter “instant implementation plan”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings.
2. The part of the instant lawsuit seeking revocation shall be instituted within 90 days from the date on which a person becomes aware of the cause of revocation, etc. (main sentence of Article 20(1) of the Administrative Litigation Act). A person who has an interest in an administrative disposition by a public notice should be deemed to have known of an administrative disposition on the date on which the public notice became effective, regardless of whether he/she actually
(see, e.g., Supreme Court Decision 2004Du3847, Apr. 14, 2006). Meanwhile, the period of entry into force in the notice is specified.