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(영문) 춘천지방법원 2019.11.05 2019구합50678
도로구역결정(변경)처분 취소
Text

1. Attached Table 1, among the decision-making (revision) dispositions by the Defendant on January 16, 2019 and publicly announced by the original Regional Land Management Office.

Reasons

1. Details of the disposition;

A. Party 1) The Plaintiff is the chief knowledge of Dr. Dr. Dr., the inspector in Sam-si City, and each of the lands listed in attached Form 1 (hereinafter “each of the lands of this case”).

(2) The Minister of Land, Infrastructure and Transport is the owner of a general national highway E, which passes along the vicinity of each of the instant land, and the Defendant was delegated by the Minister of Land, Infrastructure and Transport with the authority to determine, modify, and publicly notify the road zones concerning the said roads pursuant to Article 100(2) of the former Enforcement Decree of the Road Act (amended by Presidential Decree No. 29634, Mar. 19, 2019

B. The end point of the first general national highway E for the reason of the Defendant’s determination of the total extension (km) of the section of the name of the routes of the Defendant’s existing disposal type: - The end point of the first general national highway: - the time of the alteration to the new construction of the fourth line: H end point of the third line: H: H end point of July 19, 2007: the Defendant, on July 19, 2007, determined a road zone as follows, from February 2007 to December 31, 2015, pursuant to Article 25 of the former Road Act (Amended by Act No. 8852, Feb. 29, 2008); and the implementation period of the project is from February 31, 2015 to December 31, 2015.

(2) The Defendant did not complete the procedure of consultation, expropriation, or application for adjudication on expropriation with respect to each of the instant land within the period of the initial disposition, including the parcel number, category, and description of rights other than ownership of the land to be expropriated or used.

3) On March 16, 2016, after the project implementation period of the first disposition was expired, the Defendant determined a road zone to modify the first disposition (the extension of the implementation period of the instant project by December 31, 2016) and publicly notified the change (which shall be referred to as “first prior disposition”).

(4) On November 3, 2016, the Defendant changed the period of implementation of the instant project by December 31, 2017.

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