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(영문) 대전고등법원 2016.06.08 2015누125

도시관리계획입안제안신청반려처분취소

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff underwent a final inspection on the completion of an urban planning facility project on March 201, and thereafter operates a marina club (hereinafter “instant golf club”) located in 529 Won-ri, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

B. The Plaintiff planned to additionally construct 820,448.7m2 (hereinafter “the instant site for the extension of a golf course”) on the same side of the 1,004,631-3m2 of the existing 18 cluster membership golf course and the 18 cluster20,448.7m2 (hereinafter “the instant site”) and on the west part of the land.

Accordingly, on November 2, 2011, the Plaintiff proposed to the Defendant as follows an amendment to an urban management plan to the effect that the specific use area of the land to be newly incorporated in the site for extension and extension of the instant golf course, which is an urban planning facility, is changed to the planned management area where sports facilities are to be installed

(2) The area of a golf course shall be 1,825,080 square meters (which shall be 1,004,631.3 square meters, 820,448.7 square meters) in the area of a golf course: The area of a golf course shall be 18 square meters in the membership system, 18 square meters in the public, 18 square meters in the public, 18 square meters in the public, 18 square meters in the area of use (change), 75,449 square meters in the area of a planned control area, 741,64 square meters in the area of a planning: The area of a land (private cause) incorporated into an planned control area where a sports facility may be installed; the area of a land incorporated into an urban planning facility, which shall be 1,004,631.3 square meters in the area of a piece of land (which shall be 820,484 square meters in the area of a piece of land (which shall be 364.3746 square meters in the area); the area of a piece of land (which shall be 536.364.364.7)

The defendant, after consultation with relevant departments and relevant agencies, shall make proposals for the drafting of this case to the plaintiff several times on November 29, 201 and January 25, 2012.