도시관리계획결정고시처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 25, 2008, the Plaintiff acquired 24/384 shares out of D maintenance 1,577m2 (hereinafter “instant land”) in Sungnam-si, Sungnam-si, Sungnam-si, by paying in full the proceeds from the compulsory auction in the procedure of Sungnam-gu, Suwon District Court C. The Plaintiff completed the registration of ownership transfer with respect to the said shares on December 4, 2008.
B. The instant land was used as the lower site of the E reservoir (hereinafter “instant reservoir”). On June 20, 1958, the land category was changed from “responding” to “maintenance,” and on July 11, 2007, Sungnam-si registered and managed the instant reservoir as agricultural infrastructure pursuant to Article 17 of the Rearrangement of Agricultural and Fishing Villages Act as a manager of agricultural infrastructure on July 11, 2007.
C. On November 5, 2012, the Defendant, pursuant to Article 22(2) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), announced the residents’ public inspection (i.e., the inspection period: November 5, 2012 to November 19, 2012) on the draft of an urban management plan with respect to which the instant land, etc. is created as a river park.
Plaintiff
On November 14, 2012, the Plaintiff submitted a dissenting opinion on the draft of the above urban management plan, and on January 9, 2013, the Defendant sent a reply to the Plaintiff, etc., stating that “I would inform the Plaintiff of the result after deliberation by the Urban Planning Committee as scheduled to submit the above opinion at the time of deliberation by the Committee for Deliberation on Urban Planning.”
E. On February 16, 2015, the Defendant published a topographical map in accordance with Article 8 of the Framework Act on the Regulation of Land Use and Article 7 of the Enforcement Decree of the same Act as a river park (hereinafter “instant disposition”) with respect to the area of 31,877 square meters per day of the instant reservoir (hereinafter “instant park site”) including the instant land as F, as follows, pursuant to Article 30 of the National Land Planning Act and Article 25 of the Enforcement Decree of the same Act.
The location and area of each facility for the name of a divided park shall be newly established, and the eine park shall be 31,877,000 Gwon in Sungnam-si.
F. On June 24, 2015, the Plaintiff et al. dissatisfied therewith.