주택건설사업계획승인 취소 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. Plaintiff A and B shared the 2,945 square meters in Pyeongtaek-si E, and the Plaintiffs shared the F 3,306 square meters in total, of the said land (hereinafter “instant land”).
B. On April 13, 2015, D regional housing associations and Hanyang Construction Co., Ltd. (hereinafter “project owner of this case”) filed an application with the Defendant for approval of the housing construction project plan pursuant to Article 16 of the former Housing Act (amended by Act No. 13782, Jan. 19, 2016; hereinafter the same shall apply) with respect to the size of 28,026 square meters in Pyeongtaek-si Gallwon.
C. On September 25, 2015, the Defendant: (a) to the instant project proprietor on September 25, 2015, approved the housing construction project plan (hereinafter “instant approval disposition”; and (b) carried out the housing construction project on October 8, 2015 (hereinafter “instant housing construction project”); and (c) publicly notified matters concerning the instant approval disposition on October 8, 2015.
On October 8, 2015, the Defendant deemed that a district unit planning decision was deemed to have been rendered pursuant to Article 17(1)5 of the former Housing Act by the instant approval disposition, and publicly announced the following district unit planning determination (hereinafter referred to as “instant district unit planning determination”) and subsequent district unit planning as follows; and publicly announced roads, small parks, and parks included in the instant district unit planning determination (hereinafter referred to as “instant urban planning facilities”).
1. At least 62 H-si I in Pyeongtaek-si - 34,524,524, after the district unit planning zone was determined ( modified) and the size of the area marked with the drawings, indication number, and name of the zone was changed;
(a) Establishment of a district unit planning zone in order to rationalize land use of 34,524 square meters per day in Pyeongtaek-si and to systematically and systematically develop H district, a ground for change of the area of the name of a zone classified into a district unit planning zone;
(b) A statement explaining reasons for determining a district unit planning zone;
2. Decision on urban management planning concerning the location and scale of urban infrastructure;
(a) Traffic facilities;