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(영문) 대전지방법원 2012.09.26 2011구합3755

도시관리계획 결정. 고시 처분등의 취소

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1. On June 10, 201, the management area of Boan City/Do Urban Management Planning, which was announced by the Mayor/Do governor of Chungcheongnam-do on June 10, 201.

Reasons

1. Details of the disposition;

A. The Plaintiff has a plan to establish resort facilities on the land, holding a lot of land in the vicinity of the D bathing beach including each land indicated in the separate sheet (hereinafter “instant land”).

B. Around July 2010, the Defendant Bo Young-si Mayor perused and published a draft of the urban management planning decision (amended) pursuant to Article 28(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 22(2) of the Enforcement Decree of the same Act, followed the procedures for hearing residents’ opinions, and then consulted with the Bo Young-si Urban Planning Committee on August 13, 2010, and filed an application for the determination of the urban management planning (amended) with Defendant Chungcheongnam-Nam Do Governor on September 14, 2010.

(hereinafter referred to as the “instant urban management plan”). Under the instant urban management plan, both the indication of drawings, (B) and the caused parts, all of which were drafted to be changed from the “E” area to the planned management area in the agricultural and forest area.

C. Upon consultation with the above application with the administrative agencies, including the Geum River basin environmental office, and each department pursuant to Article 30(1), (3), and (6) of the National Land Planning and Utilization Act, the Cheongnam-do Urban Planning Committee was deliberated on April 18, 201. Pursuant to the opinion of the Geum River basin environmental office, the Cheongnam-do Urban Planning Committee made a conditional resolution on the condition that the part of the existing planned management area, including the part caused by a dyp, should be preserved as an agricultural and forest area or changed to an agricultural and forest area.

On May 6, 2011, Defendant Bo Young-do Mayor notified the results of deliberation by the Urban Planning Committee of Cheongnam-do, and requested to submit a plan for measures and supplementary documents as soon as possible. Defendant Bo Young-do Mayor on May 27, 2011.