도시관리계획(공원)결정 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 13, 1997, the Plaintiff acquired the ownership of 1,957 square meters (hereinafter “instant land”) in the auction procedure for Sungnam-si, Sungnam-si. The instant land is a farmland adjacent to the upper part of “D reservoir”, which is an agricultural reservoir, and is designated as a green conservation area.
B. On November 5, 2012, the Defendant: (a) obtained a public announcement procedure for the public inspection of residents pursuant to Article 22(2) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”); and (b) passed a resolution as to the draft of an urban management plan with respect to which the land, including the instant land, was created as a waterside park in Seongbuk-gu E-gu, Sungnam-si; and (c) was submitted to the deliberation of the Urban Planning Committee of Seongbuk-gu on January 20, 2015.
C. Accordingly, on February 16, 2015, the Defendant published a topographical map in accordance with Article 30 of the National Land Planning and Utilization Act and Article 25 of the Enforcement Decree of the same Act (hereinafter “instant disposition”) as a riverside park (hereinafter “instant park”) with the area of 31,877 square meters (hereinafter “instant park site”), including the instant land, as publicly announced B, and publicly announced a topographical map pursuant to Article 8 of the Framework Act on the Regulation of Land Use and Article 7 of the Enforcement Decree of the same Act.
The location and area of a facility for the name of a divided park shall be 31,877,00,000,000,000,000
D. The Plaintiff appealed and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission on May 8, 2015, but the Gyeonggi-do Administrative Appeals Commission dismissed the claim on August 26, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7, Eul evidence Nos. 4 and 5 (including additional number), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. According to the Plaintiff’s assertion, Article 25(2) of the National Land Planning and Utilization Act provides that the mayor shall prepare a specification of the plan including a financing plan in formulating an urban or Gun management plan.