현상변경허가구역및허가기준설정처분무효확인등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Circumstances, etc. of the public notice of this case
A. On April 20, 1994, the Defendant designated D and E in Gwangju City (hereinafter “instant cultural heritage”) as Gyeonggi-do commemorative gift F pursuant to Article 71 of the former Cultural Heritage Protection Act (wholly amended by Act No. 1000, Feb. 4, 2010; hereinafter the same).
B. Plaintiff A is the owner of G forest 230 square meters, H forest 10 square meters, 7,267 square meters, J forest 12,17 square meters, 12,177 square meters, 126 square meters of L forest 126 square meters, 117 square meters of L forest 17 square meters, 257 square meters of land before M (hereinafter referred to as “each of the above lands”), located in the neighboring areas of the instant cultural property, and Plaintiff B is the trustee of each of the above lands.
C. On January 21, 2009, the Defendant publicly announced the permissible change of the current state in the attached form, such as the attached list, in accordance with Articles 34 subparag. 3 and 75 of the former Cultural Heritage Protection Act and Articles 30(3) and 79(6) of the former Enforcement Rule of the Cultural Heritage Protection Act (amended by Ordinance of the Cultural Heritage Administration No. 34 of May 21, 2009; hereinafter the same shall apply) with respect to the attached form within 300 meters around the radius of the cultural property of this case.
Each land of this case was included in Zone 1, which is the original preservation zone according to the public notice of this case, in the current state alteration standard around the cultural heritage of this case.
E. After that, on August 21, 2012, the Plaintiff demanded the Defendant to cancel or change the incorporation of each of the instant lands into Zone 1, and the Defendant on August 29, 201, included each of the instant lands in Zone 1.
Even if it is determined that the alteration of the current state constitutes an act that does not affect the preservation and management of cultural heritage, after deliberation by the Gyeonggi-do Cultural Heritage Committee, permission for the alteration of the current state may be granted, and the procedure for the alteration of the current state shall be after the comprehensive review of the current status of urban planning, surrounding buildings and cultural heritage and for the inspection of residents pursuant to the relevant provisions