도시계획시설부지매수불가결정처분취소
The plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. Details and details of the disposition;
A. On March 15, 2013, the Plaintiffs purchased each 1/2 share of D large 372 square meters and E large 5 square meters (hereinafter “instant land”) from C, Guro-gu Seoul, and completed the registration of ownership transfer on April 17, 2013.
B. With respect to the instant land, the decision of urban planning facilities (road) was publicly announced on January 18, 1969 before the Plaintiffs purchased, and the project on the installation of facilities has not been implemented until now without maintaining the decision.
C. On March 2017, the Plaintiffs filed a claim with the Defendant for the purchase of the instant land pursuant to Article 47(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), but the Defendant rejected the claim on June 15, 2017 due to financial conditions, etc.
(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 1, 2, and 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the plaintiffs' assertion is that since the land of this case was determined and announced as urban planning facilities (road), the project on the installation of facilities has not been implemented for a long period exceeding ten years so far, and thus, the plaintiffs' exercise of property rights is seriously restricted.
In particular, since the instant land is provided as a “de facto road” for the general public, buildings or structures may not be constructed upon obtaining permission for development activities pursuant to Article 47(7) of the National Land Planning and Utilization Act.
Considering such circumstances, the rejection of the Plaintiffs’ claim for purchase of the instant land is an excessive infringement on the Plaintiffs’ property rights. Therefore, the instant disposition is unlawful by abusing and abusing discretion.
B. The details of the relevant statutes are as shown in the attached statutes.
C. The relevant provision 1 and Article 47(1) of the National Land Planning and Utilization Act are the site for the facility where the project for installing the facility is not implemented within 10 years from the date of public announcement of the determination of the urban management plan for the urban planning facility.