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(영문) 광주고등법원 2020.10.16 2019누12295

장기 미집행 도시ㆍ군계획시설 해제신청 반려처분 취소

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Details of the disposition;

A. On February 20, 1967, the Minister of Construction and Transportation, as a public notice of the Ministry of Construction and Transportation on February 20, 1967, designated and publicly announced as City/Gun planning facilities (G neighboring parks; hereinafter “G Park”) the Fil-gu Seoul, Nam-gu, Gwangju, including the area of 403 square meters in Seo-gu, Nam-gu, Gwangju, the area of 162 square meters in Seo-gu, Gwangju, and the area of 119 square meters in Nam-gu, Nam-gu, Gwangju (hereinafter “each land”). The Plaintiff acquired the ownership of each land of this case on October 19, 198.

B. On February 12, 2018, the Plaintiff filed an application with the Defendant for formulation of an urban management plan to cancel the determination of urban planning facilities (hereinafter “application for formulation of urban management planning”). However, on March 6, 2018, the Defendant rejected the application for formulation of the above urban management plan on the ground that “each of the instant land is established with an execution plan to install the relevant facilities by the time the determination of urban/Gun planning facilities becomes effective, and thus does not constitute the subject of application for cancellation under Article 42-2(2) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning Act”) and Article 8-3-2-4 of the Guidelines for the Establishment of Urban/Gun management Plans.”

Accordingly, on March 28, 2018, the Plaintiff filed an application with the Defendant for the cancellation of the determination of urban planning facilities on each of the instant land (hereinafter “application for the cancellation of the determination of urban planning facilities”); however, on April 10, 2018, the Defendant rejected the Plaintiff’s application for the cancellation of the determination of urban planning facilities on each of the instant land for the aforementioned reasons.

(hereinafter referred to as "each disposition of this case"). 【No dispute exists with the ground for recognition, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4 and 8, and the purport of the whole pleadings.

2. Summary of the parties' arguments

A. Plaintiff 1) An implementation plan by phase for urban planning facilities with respect to G Park publicly notified by the Defendant on March 1, 2018 (hereinafter “instant implementation plan”)

financial items of this section.