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(영문) 서울고등법원 2021.01.20 2020누34614
이주대책대상자제외처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the appeal shall be 1.

Reasons

1. The grounds for this part of the disposition are as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, except for the cases of cutting down or adding part of the reasoning as follows. As such, this part of the reasoning of the disposition is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or supplementary parts] Section 1-A (A) of the judgment of the court of first instance shall be made as follows.

“A. Establishment and modification of the instant project 1) The Defendant is the project implementer of the “B Urban Development Project” (hereinafter referred to as the “instant project”) whose project area covers Goyang-gu Seoul Metropolitan Government B Dongwon as the project area.

2) On April 21, 2008, Gyeyang-gu Seoul Metropolitan Government announced the public perusal for the designation of urban development zones with respect to 1,185,113 square meters in Seoyang-gu B Dongwon-gu, Gyeyang-gu (hereinafter “the first public perusal announcement”).

3) On May 19, 2010, the Minister of Land, Infrastructure and Transport designated the project implementer as the urban development zone of the project of this case and publicly notified the implementer of the project of this case (hereinafter “instant public notification of the Ministry of Land, Infrastructure and Transport”) as the Defendant. The Minister of Land, Infrastructure and Transport did not establish a development plan pursuant to Articles 4(1) and 5(3) of the former Urban Development Act (amended by Act No. 10599, Apr. 14, 201; hereinafter the same) but did not formulate a development plan pursuant to the name, location and size of the urban development zone, purpose and method of designation, methods of implementation, project implementer’s accommodation, general population accommodation plan and land use plan.

4) On April 13, 2012, Yangyang City: (a) changed the area of the instant project from previous 1,161,000 square meters to 640,600 square meters; and (b) publicly announced the public inspection for changing the designation of an urban development project zone (hereinafter “public announcement for second public inspection”).

5) On May 18, 2012, the Minister of Land, Infrastructure and Transport has reduced the area of the instant project into 640,600 square meters to designate an urban development zone and set up a development plan and publicly announced the development plan (H in both sides of the national land. hereinafter “this case”).

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