장기 미집행 도시계획시설 해제입안 신청 반려처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
In addition, on February 20, 1967, the Nam-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Metropolitan City Special Metropolitan City B large 1,904 square meters, C large 374 square meters, D large 43 square meters, E large 195 square meters (hereinafter “each land of this case”) was designated and publicly announced as urban planning facilities (H neighboring parks and hereinafter “H parks”), and the Plaintiff acquired the ownership of each land of this case in the course of voluntary auction on August 20, 2018.
On February 27, 2019, the Plaintiff filed an application for cancellation of the designation of urban planning facilities with respect to each of the instant land. However, on May 24, 2019, the Defendant rejected the application on the ground that “each of the instant land does not meet the criteria for cancellation prescribed by the release of urban planning facilities from the temporary undeveloped site, and H Park is not subject to the application for cancellation pursuant to Article 42-2(2) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Part 83(2) of the Guidelines for the Establishment of Urban and Gun Management Planning (hereinafter “National Land Planning Act”) and Part 83(4) of the Guidelines for the Establishment of Urban and Gun Planning
(2) Each land of this case is subject to restrictions on the exercise of property rights for a long time while the Plaintiff lost its function as a park, and there is no specific compensation plan regarding each land of this case in the implementation plan of H Park at each stage. Considering the equity between the neighboring land of this case and the cancellation in the park area around 1998, the instant disposition was abused its discretion.
It shall be as shown in the attached Form of the relevant statutes.
Judgment
According to Article 48 (1) of the National Land Planning and Utilization Act, where an urban planning facility project concerning the installation of such facility is not implemented until 20 years have passed from the date of the public announcement of the determination of urban planning facilities.