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(영문) 서울고등법원 2020.02.14 2018누76998

경관녹지및보차혼용도로지정취소

Text

1. Revocation of the first instance judgment.

2. The urban management planning (unit planning) publicly notified by the Defendant on January 16, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointor D, E, F (hereinafter collectively referred to as “Plaintiff, etc.”) are co-owners of the 1,836 square meters of the Pream City Co., Ltd. (hereinafter “instant land”).

B. On March 26, 2007, the Defendant: (a) designated a buffer green belt H to prevent noise in the part of the instant land; and (b) designated a landscape green belt I to ensure the safety of a residential area according to the air transmission line through the transmission line line in order to ensure the safety of a residential area in the part of the instant land in order to prevent noise in the G railway; and (c) designated and publicly announced the routes for the universal divorce, which connects the instant land ( Gyeonggi-do published J. 2; hereinafter “the first public notice”).

C. On January 16, 2018, the Defendant: (a) abolished the designation of buffer green belt H among the instant land as a buffer green belt, such as the installation of soundproof walls around G; and (b) expanded the area of 1,147 square meters among the instant land (1,836 square meters) on the ground that it is necessary to ensure the safety of residential areas due to the flow of transmission lines, as the designation of buffer green belt H is unnecessary; and (c) expanded the area of 1,147 square meters from the instant land (i.e., 874 square meters from the first announcement of the instant case to the landscape green belt), which was a landscape green belt, from the first announcement of the instant case, to the 273 square meters from the landscape green belt, which was a landscape green belt; and (d) published a decision and announcement (hereinafter “instant public announcement”) by changing the location of the passage for universal mixed use to the public in the Official Gazette; and (d) published

HI 'Ground for recognition' without any dispute, entry in Gap's Evidence Nos. 4, 5, 6, 8, 9, 11, 19 (including branch numbers; hereinafter the same shall apply), Eul's Evidence Nos. 1 and 4, and the purport of the whole pleadings.

2. Attached Form 3 of the relevant Acts and subordinate statutes shall be as follows;

3. Whether the lawsuit of this case is legitimate

A. The part concerning the land of this case, among the public notice of the defendant's assertion of this case, is revoked, which is extended to landscape green areas.