의무이행 청구의 소
1. On September 12, 2017, the Defendant rejected the Plaintiff’s application for revocation of the determination of the long-term undeveloped urban planning facilities.
Details of the disposition
The Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government 7,473 square meters of forest land B (hereinafter “instant land”).
Pursuant to Article 68 (1) of the Seoul Special Metropolitan City Ordinance on Urban Planning and subparagraph 1 of attached Table 4, the defendant shall be delegated to the administrative agency with the affairs concerning the formulation of urban planning facilities (excluding the construction of new railroads and tracks) by the head of Seoul Special Metropolitan City and the affairs concerning
On July 14, 1977, the former Minister of Construction and Transportation determined the first urban planning facility area of 5,029,258 square meters in Gangnam-gu Seoul Metropolitan Government, including the instant land, as a construction department C public notice of July 14, 197, the area was 5,251,00 square meters, but the area was changed thereafter. The area was changed thereafter. Eul as a park (park name: E park) which is an
(2) On August 29, 2017, the Plaintiff filed an application with the Seoul Special Metropolitan City Mayor for the cancellation of the instant determination on urban planning facilities on the ground that “The instant park creation project has not been implemented with respect to the instant land,” and that Article 48-2(1) of the former National Land Planning and Utilization Act (amended by Act No. 15314, Dec. 26, 2017; hereinafter “former National Land Planning Act”) satisfied the requirements of Article 48-2(1).”
On September 12, 2017, the Defendant: (a) notified the Plaintiff on September 12, 2017, that “the pertinent urban planning facilities with respect to the instant land are established pursuant to Article 85 of the National Land Planning and Utilization Act and Article 95 of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 28324, Sept. 19, 2017; hereinafter “former Enforcement Decree of the National Land Planning and Utilization Act”); and (b) it does not fall under the subject of application for cancellation of the determination of urban planning facilities pursuant to Article 48-2
(hereinafter referred to as “instant disposition”). [The ground for recognition] does not dispute, A.