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(영문) 수원지방법원 2016.12.07 2015구합68506
도시관리계획(지구단위계획) 변경결정처분 취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Details of the disposition;

A. On October 29, 2008, the Governor of the Gyeonggi-do determined an urban management plan (hereinafter “instant urban management plan”) with respect to the area of 93,240 square meters (in the part inside the point of “the schedule” of the attached drawing 1; hereinafter “instant district unit planning zone”) of the Filwon in Gwangju-si, which was designated as a district unit planning zone of the district unit planning zone of the Gyeonggi-do, and publicly announced it as G public announcement of Gyeonggi-do. The instant urban management plan included a decision on urban planning facilities with the content of newly constructing a park as follows.

H Children Park 2,039 square meters J Park J Park 2,076 square meters in the area of subdivided facilities for park names.

B. On March 30, 2010, the Defendant approved the Defendant’s Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor”). Around November 14, 2008, the Defendant succeeded to the instant district unit planning zone from the Ethical Industrial Co., Ltd., a resident proposer of the instant urban management plan, which was the resident proposal of the instant urban management plan) with respect to the housing construction project (hereinafter “instant housing construction project”) that is implemented with the following contents within the scope of the scope of the 1st unit planning within the instant district unit planning zone, and publicly announced it as L/ at Gwangju-si.

The name of the business: The business location of the intervenor: the size of the housing construction project (multi-family housing project) - the size of 12 lots outside Gwangju City - the size of the site: 28,852 square meters: The total area: 81,400.906 square meters: the number of households: 417 square meters: the period of project implementation for 417 households (8 Dong-dong, 11 attached underground floors, 7-20 stories on the ground): May 1, 2010 to August 31, 2012.

On July 21, 2010, the Defendant designated the project implementer as follows and authorized the implementation plan for urban planning facilities (H children’s parks, J small parks, buffer green areas and vacant land) determined within the instant district unit planning zone (H children’s parks, J small parks, buffer green areas and vacant land), and publicly notified them as N in Gwangju City’s announcement

Location of the project site: Types of the project site I, K, andO: Children's parks, small parks, buffer green areas for urban planning facilities;

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