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(영문) 울산지방법원 2020.10.15 2019구합6790

실시계획(변경)인가 고시 무효등

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The plaintiff's primary claim is dismissed.

The defendant is limited to each land listed in the separate sheet No. 1 on April 25, 2019.

Reasons

1. Details of the disposition;

A. The Defendant established the Yangsan Urban Management Planning (Traffic facility: road; hereinafter “instant urban Management Planning”) concerning the business of installing roads at the Fow in Yangsan City (hereinafter “instant business”). According to the instant urban Management Planning, the land owned by the Plaintiff was incorporated into the site of the road to be newly established.

B. On April 27, 2017, the Defendant determined the contents of the instant urban management plan through the procedures for gathering opinions and deliberation, and announced them on April 27, 2017 (Gasan City Notice); and on August 3, 2017, the Defendant publicly announced the opinions of residents, interested parties, etc. for the purpose of obtaining authorization for the instant urban management plan and obtaining approval for the project (H of Gyeyang City Notice); and on August 24, 2017, the Defendant approved and publicly announced the implementation plan for the instant project (E of Gyeyang City Notice); and the project period of the instant project is up to December 31, 2019 from the date on which the implementation plan was authorized.

C. On March 2018, the Defendant decided to partially modify the land and obstacles to be expropriated or used under the instant urban management plan on March 28, 2018, and on March 28, 2019, the Defendant approved the instant project implementation plan (amended), which reflects the contents of the amended implementation plan, and publicly notified each of them.

(E) According to the implementation plan for the instant project revised as above, each land listed in the attached Table 1 list owned by the Plaintiff (1/2 of L. 64 square meters, M. 64 square meters, N. 15 square meters, an O road, a P road 130 square meters, a P road 6.0 square meters, a Q. 16 square meters, a Q. 16 square meters (hereinafter referred to as “land subject to incorporation”).

On April 25, 2019, the Defendant’s name of the instant project is “B-Myeon Urban Planning Road (C) Construction Work,” “B-Myeon Urban Planning Road (C) Construction Work,” “C: L=242m, B-20m,” and “C: road opening L=242m, B=20m/R: national road connection.”