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(영문) 수원지방법원 2016.10.13 2016구합62420

도시관리계획 결정 고시 처분 취소 청구

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed parties) and the appointed parties.

Reasons

1. Details of the disposition;

A. On January 15, 2016, the Defendant published a modified determination on the C-ro Housing Site Development District’s urban management plan (district unit planning) with the content of dividing 12,205 square meters of F-school site (hereinafter “instant land”) into 6,002 square meters (G catched land) and 6,202.6 square meters (H catched land) within the D-ro collective housing site district, which is a land for the D-ro collective housing site, as a public announcement of the Sung-si on January 15, 2016.

(hereinafter “instant disposition”). (b)

The designated parties A (hereinafter referred to as the “Plaintiff”) and the designated parties A as indicated in the attached Form (hereinafter referred to as the “Plaintiff A, etc.”) shall be the operators of private kindergartens located in the neighboring D district of the instant land.

Plaintiff

The designated parties in B and attached Form B (hereinafter collectively referred to as “Plaintiff B, etc.,” and the total of Plaintiff A, etc. and Plaintiff B, etc., collectively referred to as “Plaintiffs” are the occupants of apartment buildings located in the zone.

C. The Plaintiffs filed an administrative appeal seeking revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the Gyeonggi-do Administrative Appeals Commission rendered a decision dismissing the said claim on June 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings

2. Determination on the lawfulness of the instant lawsuit

A. The Plaintiffs’ assertion 1 of the instant disposition was conducted as part of the plan to sell the lots of land of this case, which was scheduled to be established at the Office of Education in installments, to establish national kindergartens and to sell them to the private sector with the remainder of H. The Plaintiff et al., trusting that there is no plan to establish national kindergartens in the vicinity of the instant land, thereby establishing a kindergarten in the D district. In the event a national kindergarten is established due to the instant disposition, the Plaintiff et al. puts the risk of serious business losses and the closure of facilities due to the reduction of the original kindergarten, and J. 1 of the instant disposition.