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(영문) 광주지방법원 2020.09.24 2019구합14858

도시계획시설 사업시행자지정취소 등

Text

On March 7, 2018, the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s project for Gwangju Metropolitan City Urban Planning Facility Project (E).

Reasons

1. Details of the disposition;

A. On January 19, 2018, Defendant Intervenor B Co., Ltd. (hereinafter “Supplementary Intervenor”) filed an application with the Defendant for the designation of the executor of Gwangju Urban Planning Facility Project (E) with respect to the size of 829,250 square meters of Gwangju Dong-gu, including the land owned by the Plaintiff (hereinafter “instant project”).

B. On February 7, 2018, the Defendant: (a) failed to meet the requirements for designation as an implementer of the instant project pursuant to Article 86 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 96 of the Enforcement Decree of the same Act (referring to the ownership of land equivalent to at least 2/3 of the area of land subject to the project, and obtaining consent from at least 1/2 of the total number of landowners); (b) requested the Defendant to supplement the said requirements; (c) on February 27, 2018, the Intervenor acquired the ownership of 71.19% of the area of land subject to the project (590,353 square meters out of total 829,250 square meters) among the total number of landowners; (d) obtained the consent of 50.35% (72 of the total number of landowners) among the total number of landowners; and (e) submitted evidentiary documents, such as a written consent of residents, etc.

Accordingly, on March 7, 2018, the Defendant issued a public notice designating the Intervenor as the implementer of the instant project (Seoul Metropolitan City’s public notice C; hereinafter “instant disposition”), and the said public notice set the date of application for authorization for the instant project implementation plan until December 31, 2018.

C. On December 12, 2018, the Intervenor filed an application with the Defendant for the extension of the application date for authorization of the instant project implementation plan from December 31, 2018 to August 31, 2019. On December 21, 2018, the Defendant issued a public notice that the application date for authorization of the implementation plan of the instant project was changed to August 31, 2019. The Intervenor did not file an application for authorization of implementation plan until August 31, 2019.

On March 18, 2020, the defendant is authorized as an implementation plan for the urban planning facilities (D) to the supplementary intervenor.