beta
(영문) 수원지방법원 2016.08.26 2016구합60424

주택건설사업계획 승인처분 무효확인 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Public notification of Gyeonggi-do details of the disposition;

1. He shall determine pursuant to Article 30 of the National Land Planning and Utilization Act and Article 25 (5) of the Enforcement Decree of the Act on the Regulation of Land Use as follows and publicly notify the topographic drawings pursuant to Article 8 (2) of the Framework Act on the Regulation of Land Use:

2. The related books are kept in the Gwangju Viewing Urban Planning Department and are shown to the general public.

Protocol of decision on urban management planning (registration of specific-use area, Class-I district unit planning): Attached;

(b) Urban management planning (the Class-I district unit planning zone for alteration of specific-use area, Class-I district unit planning), decision drawings and topographic drawings: Attachment ( omitted);

A. On September 5, 2008, the Governor of the Gyeonggi-do determined an urban management plan (Class 1 district unit planning) on H or E district (hereinafter “instant district unit planning plan”) including G and 34,099 square meters (E District F: 17,778 square meters, Gable block: 16,321 square meters; hereinafter “instant project area”) on the 14th, B and 14 lots outside Gwangju-si, Gwangju-si (hereinafter “instant district unit planning plan”) and publicly notified as follows on September 5, 2008.

(hereinafter “instant No. 1 Notice”). (b)

After that, among the above district unit planning, the demarcated area of the F block was changed to 17,450 square meters for the F block, and 15,983 square meters for the G block, and on May 2014, one asset trust applied for the approval of the housing construction project plan for the construction of apartment and the incidental dial dial dial dial dials to the Defendant with respect to the size of 34,493 square meters for which the changed F block and G block are combined to F block.

C. On December 3, 2014, the Defendant changed the district unit plan by combining the E-district G block with a project implementer on a F block, etc. In accordance with Article 17(1)5 of the Housing Act, the Defendant constructed multi-family housing and ancillary welfare facilities with 712 households on the E- Zone F block 34,493 square meters (hereinafter “instant project zone”).