완충녹지해제거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 30, 1970, the Minister of Construction and Transportation, under Article 152 of the Construction Division’s notification, set up and publicly announced as a green belt the amount of 15,314 square meters of land B in Nam-gu, Ulsan-gu (hereinafter “B land before subdivision”) and 793 square meters of land C in Nam-gu, Ulsan-gu, Ulsan-gu (hereinafter “C land”), and the amount of 1,200,000 square meters and 30 square meters of land (hereinafter “c land”). < Amended by Act No. 3152, Mar. 30, 1970; Act No. 860, Feb. 1, 1970>
B. The land B before subdivision was divided into 7,463 square meters of D forest land in Ulsan-gu, Ulsan-gu (hereinafter “D land”) on January 5, 1989, and 248 square meters of Ulsan-gu E forest land (hereinafter “E”) on July 5, 2003. On July 3, 1993, the State completed the registration of ownership transfer on July 5, 2003 with respect to land E as a result of an agreement on donation and public land acquisition.
C. The Plaintiff’s father F acquired the land B and C before subdivision on September 5, 1980, but the registration of ownership transfer was completed in G due to inheritance due to the consultation division on June 15, 2007. The registration of ownership transfer was completed on April 4, 2012.
On November 19, 2012, the Plaintiff filed an application with the Defendant for the cancellation of the designation of a buffer green zone with respect to the remaining 7,603 square meters and C land (hereinafter “instant land”) after partitioning out B before partitioning. Accordingly, on November 26, 2012, the Defendant rendered a provisional disposition for the cancellation of green belt cancellation (hereinafter “instant disposition”) to the Plaintiff on the ground that “this area is the Plaintiff on November 26, 2012, by preventing pollution, such as smoke, noise, vibration, etc. generated from railroads and national industrial complexes, and by maintaining the function as a refuge area when an accident occurred, Article 30 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 36 of the Urban Park Act (hereinafter “National Land Planning Act”), and Article 36 of the Urban Park Act (hereinafter “the instant disposition”).