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(영문) 청주지방법원 2011.06.30 2010구합2185

도시관리계획결정처분취소

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1. All of the plaintiffs' claims are dismissed.

2. Part arising from the participation of the Defendant’s Intervenor in the litigation cost.

Reasons

Details of the disposition

On July 9, 2010, pursuant to Article 30 of the former National Land Planning and Utilization Act (amended by Act No. 10764, May 30, 201; hereinafter “National Land Planning Act”), the Defendant decided to establish a sports facility of 1,088,635 square meters in area (hereinafter “instant business zone”) on a one-time Ma (hereinafter “instant business zone”) in the Chungcheong-si, Chungcheongnam-si (hereinafter “instant business zone”), and publicly announced it as L/W.

(hereinafter referred to as the “instant disposition”). On December 24, 2010, pursuant to Articles 86 and 88 of the National Land Planning Act and Article 2 of the Ordinance on the Delegation of Administrative Affairs of Chungcheongbuk-do, the Chungcheongnam-do designated the project implementer of the said urban planning facility (hereinafter referred to as the “instant project”) as the Defendant Intervenor K Co., Ltd. (hereinafter referred to as the “Defendant Intervenor”), and authorized the implementation plan for the instant project with the following contents, and publicly notified it as the O of the notification at Chungcheong-si.

(1) Location of the place of the project site: The type and name of the project (sports facilities): The type and name of the project (sports facilities): The name of the urban planning facility development project; (3) the name of the project operator: K representative director P (4) the size or size of the project: 1,08,635 square meters: The size of the project: 1,088,635 square meters: The Plaintiffs shall be the owners of land to be incorporated in the instant project zone.

[Grounds for recognition] A. 1, A. 9, and the purport of the entire pleadings, there is no legal interest in seeking revocation of the disposition of this case, and thus, the lawsuit of this case is unlawful as being instituted by the non-standing party.

Judgment

Any project operator of urban management planning facilities shall acquire the land, etc. for the public works as applied mutatis mutandis under Article 96 of the National Land Planning Act.