부작위위법확인
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. A school juristic person’s ordinary school (hereinafter “GGGG”) is a school juristic person that operates the GGGGG high school located in Gangseo-dong 279, Gangseo-gu, Seoul Special Metropolitan City.
B. On March 208, 2008, the Superintendent of the Office of Education of the Gyeong-do applied for the approval of the location change plan of school facilities with the content of the new building to be relocated by building a new building on the 54 U.S.-dong and 3 lots.
C. On April 22, 2008, the superintendent of the Office of Education of Gyeongbuk-do authorized the said application on March 1, 2010 at the time of the scheduled date of relocation. D.
On July 20, 2009, the superintendent of education requested the defendant to hold consultation on conversion of mountainous districts in accordance with Article 4 (3) of the School Facilities Projects Promotion Act.
E. On August 26, 2009, the Defendant sent a reply to the effect that “the business will be implemented in compliance with the following agreed terms and conditions,” and the said request was deemed to have been granted permission for conversion of the said land pursuant to Article 5 subparag. 7 of the School Facilities Projects Promotion Act.
On August 26, 2009, from August 25, 2011 to August 25, 2011), the restoration expenses (2,876,112,000, cash or performance guarantee insurance) and license tax (Class 1 30,000) shall be the payment conditions for the conversion of a mountainous district, and no conversion of a mountainous district shall be conducted until full payment is made.
6. A person who has received conversion of a mountainous district shall submit a plan for restoration under Article 40 of the Mountainous Districts Management Act and obtain approval therefor, and if the project for conversion of a mountainous district is completed or the period of conversion of a mountainous district expires, he shall undergo a completion inspection under Article 42 of the same Act after performing restoration work according to
8. Expenses incurred in restoring a mountainous district converted to a mountainous district shall be borne by the persons agreed upon;
F. However, due to the failure of construction, etc., the expected date of school transfer has been postponed several times, and the permission for mountainous district conversion has been extended from August 25, 201 to December 31, 2012, but the said school facilities transfer is eventually caused by construction-related disputes.