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(영문) 서울행정법원 2020.04.24 2019구합75587
도시계획시설결정 해제 입안 신청 거부처분 취소
Text

1. On June 10, 2019, the Defendant rejected the Plaintiffs’ application for the revocation of the determination of long-term undeveloped urban planning facilities.

Reasons

1. Details of the disposition;

A. The plaintiffs are co-owners with shares of 1/5 in relation to FY-gu Seoul Metropolitan Government 25,805 square meters (hereinafter "the land in this case"), and the defendant is delegated to the administrative agency with the affairs concerning the formulation of an urban management plan related to urban planning facilities (excluding the construction of new railroads and tracks) by the Intervenor joining the Intervenor (hereinafter "the Intervenor") pursuant to Article 68(1) of the Seoul Metropolitan Government Ordinance on Urban Planning and the management of residents' proposals for the formulation thereof.

B. On August 6, 1971, the Seoul Yangcheon-gu (Hdong, Idong, etc.) and Guro-gu (Jdong, Kdong, etc.), including the instant land, were determined and publicly announced as a park (the name of the project: L development project; hereinafter “instant park creation project”), which is an urban planning facility (hereinafter “instant determination of urban planning facility”).

Since then, the instant urban planning facilities were modified and announced by the Seoul Special Metropolitan City public notice M on August 13, 2009, the Seoul Special Metropolitan City public notice N on September 10, 2015, and the Seoul Special Metropolitan City public noticeO, etc. on November 22, 2018, but the instant land continues to be included in the instant urban planning facilities.

C. On April 2019, the Plaintiffs filed an application with the Defendant for formulation of cancellation of the determination of urban planning facilities for long-term unexecution (hereinafter “instant application”) seeking the revocation of the determination of urban planning facilities pursuant to Article 48-2(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) on the ground that the instant park creation project for the instant land was not implemented.

On June 10, 2019, the Defendant issued a notification to the Plaintiffs on June 10, 2019 that “The instant disposition is difficult to formulate an urban management plan for the cancellation of the determination of urban planning facilities” (hereinafter referred to as “instant disposition”), since the implementation plan was formulated for urban planning facilities including the instant land, and the Seoul Special Metropolitan City continuously promotes land compensation.”

[Reasons for Recognition]

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