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(영문) 서울고등법원 2018.12.05 2013누1289

사업시행자지정신청반려처분취소

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Details of the disposition;

A. On October 5, 2009, the Defendant rendered a public notice of the determination of urban management planning (urban planning facilities: sports facilities) and topographic drawings (Notice C of Incheon Metropolitan City) with respect to a public golf course with respect to the area of 717,000 square meters per day in Gyeyang-gu, Incheon (hereinafter “instant project site”).

(hereinafter “instant urban management plan”). (b)

In the instant project site, the Plaintiff A owns 81,125 square meters (around 11%) for 48 lots of land, 612,836 square meters ( around 87%) and 26 persons, including D, 24 lots of land, and three persons, other than the Ministry of Land, Transport and Maritime Affairs, own 14,039 square meters ( around 2%) for State-owned and public land 18 lots of land, and 14 of the 26 persons, including D, planned by the Plaintiffs (hereinafter “instant project”).

(ii) consent is given.

C. On May 31, 2011, the Plaintiffs submitted to the Defendant an application for designation of the instant project implementer and an application for authorization of the implementation plan to the effect that “the designation as the joint project implementer of the instant project” was “the request was made. However, on June 8, 2011, the Defendant submitted to the Plaintiffs on June 8, 201, the former National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 201; hereinafter “former National Land Planning Act”).

The application is deemed to be a clerical error in Article 86 of this Act and Article 96(3)(2) of the Enforcement Decree of the same Act. Pursuant to the foregoing, the land equivalent to at least 2/3 of the area of the land (excluding State-owned land) subject to the project is not owned and thus the project operator’s qualification is inappropriate.

On June 16, 2011, the Plaintiffs submitted to the Defendant the instant application for designation of the project implementer and the instant application for authorization of implementation plan to the effect that “The Plaintiffs, a joint project manager, own the land corresponding to at least 2/3 of the area of the land subject to the project, and meet the requirements under relevant Acts and subordinate statutes.” However, on June 20, 201, the Defendant submitted the said application

was returned for the same reason as the paragraph.

F.

(c) and (d);

the return of each entry in the subsection shall be referred to as “each of the instant dispositions”

(ii)(based on recognition.).