실시계획인가처분취소
All of the plaintiffs' claims are dismissed.
All the costs of lawsuit are assessed against the plaintiffs.
Details of the disposition
On December 20, 1962, the Gu forest E, 73,481 square meters (hereinafter “instant land”) was designated as the G cemetery park site, which is an urban planning facility, as F on December 20, 1962.
After 1978, cemetery park development project was completed for G facilities, which are part of the G facilities, but the outer wall area of G remains in a state where urban planning facility project has not been implemented for a long time.
On August 27, 2009, the Mayor of Seoul Special Metropolitan City decided to change the purpose of use from the cemetery park to the neighboring park with respect to the area of 1,093,388.1 square meters of a G’s wall outside the fence, including the instant land, as H, the Seoul Special Metropolitan City announced on August 27, 2009.
On March 10, 2011, the Mayor of Seoul Special Metropolitan City changed part of the Jin Park area, which was classified as a green belt and other facilities, into landscaping facilities, resort facilities, amusement facilities, sports facilities, cultural facilities, and convenience facilities, etc., and announced a topographic map.
(hereinafter “instant determination of urban planning facilities”). The main contents of the instant determination of urban planning facilities are as follows, and the formation plan is also indicated in attached Form 1 as well as in the development plan according to the determination of urban planning facilities.
E On July 18, 2019, the Defendant publicly announced the authorization of the implementation plan for the urban planning project (park) project (park) as the Seoul Special Metropolitan City C-Gu public notificationD.
(A) The purpose of the instant implementation plan is to separately expropriate only 93,233 square meters, which is part of the entire site area of 1,093,601 square meters, among the entire determination of the instant urban planning facility, as “instant implementation plan,” and the land to be expropriated or used is indicated as being subject to expropriation or use by 18,890 square meters among the instant land.
The main text of the instant implementation plan is the authorization.