공원지정 및 자연녹지지역지정의 해제신청거부처분취소의 소
1. Of the instant lawsuit, the Defendant’s refusal to revoke the designation of a natural green area against the Plaintiff on February 4, 2014.
1. Details of the disposition;
A. The Plaintiff is the owner of Jongno-gu Seoul Metropolitan Government B large 327.6 square meters (hereinafter “instant land”).
The instant land is designated as a natural green area, Class 1 district unit planning zone, and park among urban areas under the former National Land Planning and Utilization Act (amended by Act No. 12974, Jan. 6, 2015; hereinafter “National Land Planning Act”).
B. On December 24, 2013, the Plaintiff filed an application with the Defendant for the cancellation of designation as a natural green area and park on the instant land (hereinafter “instant application”).
C. On February 4, 2014, the Defendant sent reply to the Plaintiff on the ground that “The criteria for park adjustment in the Guidelines for the Establishment of Urban/Gun Management Plans provide that the criteria for park adjustment shall be excluded from those subject to park adjustment, “where a group of buildings, such as a house, etc., occurred illegally after the determination of the park,” and C neighboring parks are planned to implement the phase 2 implementation plan for urban planning facilities, and are not subject to adjustment in view of that they are “in existence” under the renewal plan for urban planning facilities of Seoul Metropolitan Government.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 3 evidence, Eul's 3, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. Defendant’s assertion 1) Since the authority to decide on the revocation of the designation of a natural green area and park with respect to the instant land is not the Defendant but the Seoul Special Metropolitan City Mayor, the Plaintiff does not have the right to request the Defendant to revoke the designation. Therefore, the instant reply does not constitute an administrative disposition subject to appeal litigation. Article 26 of the National Land Planning Act limits the scope of the residents’ proposal with respect to the formulation proposal of an urban/Gun management plan to matters concerning urban planning facilities and district unit planning, and the proposal is accompanied by the