도시관리계획변경결정취소
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of the lawsuit shall be the cost of supplementary participation.
1. The reasons why the court should explain this part of the decision of the urban management planning are as stated in the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act
2. With respect to the plaintiffs' request for the revocation of the instant urban management plan regarding the main defense of the defendant and the defendant joining the defendant, the defendant and the defendant joining the defendant agree with the plaintiff's lawsuit of this case, which is unlawful, since the plaintiff's lawsuit of this case is limited to the period of filing the lawsuit of this case, and therefore, they examine the judgment on the main
A. Except as provided in the proviso of Article 20(1) of the Administrative Litigation Act, a litigation seeking cancellation shall be instituted within 90 days from the date when a disposition, etc. is known (main sentence of Article 20(1) of the Administrative Litigation Act), and whether the period of filing is complied with is a matter of ex officio examination as a litigation requirement by the
On the other hand, regardless of whether a person who has an interest in administrative disposition by public notice was actually aware of the fact that public notice was made, it should be deemed that he/she was aware of the administrative disposition on the date of
(See Supreme Court Decision 2010Du2623 Decided March 14, 2013, etc.). B.
The effect of the determination of urban planning at the time when the determination of urban planning became effective is due to the public notice of the determination of urban planning, and it does not result from the public notice of approval of the cadastral published drawings. However, in general, the drawings alone cannot specify specific scope or individual land, so the specific and individual scope of the effect of the determination of urban planning is determined by the cadastral public notice drawings (see, e.g., Supreme Court Decision 9Du11851, Mar. 23, 2000).
Article 30 (1) through (5) of the National Land Planning and Utilization Act provides for the decision-making procedure of urban management planning at the time when the decision of urban planning comes into effect, and paragraph (6).