도시관리계획 입안제안 거부처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 9, 2000, the Plaintiff newly constructed a building indicated in the separate sheet (hereinafter “instant building”) on the B B 1,190 square meters in Ansan-si (hereinafter “instant land”) and operates a lodging business after registering its business with the trade name “Cel” on October 9, 200.
B. On January 17, 2012, the Defendant filed an application for approval of the decision of the Dong-dong Urban Management Plan (amended by the Road Management Plan) with respect to changing the road line type due to road expansion with the Gyeong-dong-si Do Governor, pursuant to Articles 29 and 30 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), etc., in order to carry out the construction of the road to be constructed as the said project (hereinafter “instant project”), and the road to be constructed as the said project.
C. Accordingly, on March 19, 2012, Article 30 of the National Land Planning Act and Article 8 of the Framework Act on the Regulation of Land Use publicly announced the determination of an urban management plan (revision) and topographic drawings (hereinafter “instant change public notification”). According to this, the road planning line’s boundary line on the right side of the road planning line (hereinafter “road planning line”) with a width of 35 meters is located front of approximately 2.6 meters (based on the side groundwater pumps) through 3.6 meters (based on the side of the building) from the front of the instant building.
On December 27, 2012, the Plaintiff proposed a formulation of an urban management plan to change the instant road planning line to a place less than 13.5 meters away from the front of the instant building.
E. On January 11, 2013, the Defendant notified the Plaintiff that the shop design of the construction related to the instant project was completed, and that the compensation agreement for the incorporated site was underway, and thus, the alteration of the urban planning vessel is not possible (hereinafter “instant disposition”).
【Unsatisfied facts, Gap 1 through 4, 9 through 11, 13 through 15, and Eul 4, 5, 8, 9 (including each number), and arguments.