도시관리계획 용도지역변경신청 거부처분 취소
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The Plaintiff is the owner of 7,971 square meters (hereinafter “the land before the instant subdivision”). The land before the instant subdivision was divided into 7,795 square meters prior to C on October 13, 2010 and 176 square meters prior to D on October 13, 2010. After the said subdivision, the land before the instant subdivision was divided into 7,795 square meters prior to C on November 1, 2010 and 7,795 square meters prior to C on November 1, 2010.
The defendant Pju Mayor drafted an urban management plan with the specific use area of the land prior to the division of this case as the conservation management area, and the defendant Gyeonggi-do Governor decided on July 30, 2007, the management plan with the specific use area of the land prior to the division of this case as the conservation management area E in Gyeonggi-do
On April 20, 2017, the Plaintiff submitted an application to modify an urban management plan to change the specific use area of the instant land from the preservation management area to the planned management area, and on May 19, 2017, the Plaintiff submitted an application to the Governor of the Gyeonggi-do to revise the above urban management plan.
On April 26, 2017, Defendant Pakistan issued a civil petition statement to the Plaintiff, stating that “The instant land is subdivided into a conservation management area E by the notice of the Second Office of Gyeonggi-do, and it is difficult to change to the planned management area requested by the Plaintiff at the present time without any change in special circumstances.” (hereinafter “civil petition statement in the instant case”).
On May 22, 2017, Defendant Gyeonggi-do notified the Plaintiff of a civil petition transfer notification stating that “The Plaintiff’s application for amendment to the urban management plan shall be transferred to Defendant Pakistan-si Mayor as a matter to be followed after the examination by the Defendant Pakistan-si mayor, a person with the authority to formulate an urban management plan, pursuant to Article 24 of the National Land Planning and Utilization Act” (hereinafter “instant civil petition notification”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 8, Eul evidence Nos. 1, and the whole purport of pleading is whether the lawsuit of this case is legitimate or not.