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(영문) 부산지방법원 2017.08.18 2017구합20379
도시관리계획결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the land in Suwon-gu, Busan (hereinafter “instant land”) 1,532 square meters and 264 square meters in D miscellaneous land (hereinafter “D”).

(hereinafter referred to as the “each of the above lands” is the Plaintiff’s land. B

In the vicinity of the Plaintiff’s land, the current status of 5-7 meters in width (H; hereinafter “instant current status”) connecting the Fridges located in Suwon-gu, Busan with the G intersections, and this is part of the urban planning facilities [J, L = 3,065 meters (connection with K in Busan-gu and the Busan-gu E), B = 30-32 meters as part of the urban planning facilities.

C. As above, the expansion of the J from L to M (2.4km) was completed (B=30m). However, the part in the present situation of this case was selected as “15-year risk for structural improvement” around February 2015 as “the area subject to structural improvement.”

As a result of forecasting the future traffic volume in consideration of changes in the development conditions in surrounding areas through the “working design service for road confirmation and packing construction,” on the current status roads of this case, the head of Suwon-gu requested the Defendant to modify the decision on the existing urban management plan of this case.

E. As the Defendant reduced the width of the present road to 20 meters, the part completed by JJ (L from L to M) and the part on the present condition of this case, as well as the part on the route of the present condition, were separated, and the Defendant decided to revise the decision of the existing urban management plan of this case, with the content that the road is to be constructed on the part on the present condition road.

F. On October 27, 2016, the Defendant was subject to deliberation by the Busan Metropolitan City Urban Planning Committee on October 27, 2016, and “the instant newly built road” on November 9, 2016 part of the present status road of this case, namely, Category 1 N, L=698m, B=20m, hereinafter referred to as “the instant new road

set up, and.

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