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(영문) 대구지방법원 2021.03.31 2020구합789
실시계획(변경)인가고시 및 착공공고 행정처분무효
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including costs incurred by participation in the lawsuit.

Reasons

1. Details of the disposition;

A. On April 2020, the Plaintiff is a non-profit organization established for the purpose of protecting the rights and interests of residents of Cheongsong-gun, human rights, the natural environment of Cheongsong-gun, and endangered animals and plants.

B. On July 16, 2015, the Defendant newly established a F Complex pursuant to Article 30 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and determined and publicly announced the Cheongong-gun Management Plan (Gun planning facilities: roads and power supply facilities) to implement the development project (hereinafter “instant development project”) with the content of constructing access roads to the said complex (hereinafter “F Complex”) (hereinafter “Guong-gun Management Plan”).

The Defendant Intervenor was designated as the implementer of the instant management plan and drafted an implementation plan for the instant management plan. On February 29, 2016, the Defendant approved and publicly notified the said implementation plan.

(d)

On December 31, 2018, pursuant to Article 88 of the National Land Planning Act, etc., the Defendant publicly announced the authorization of the implementation plan (a change in the implementation plan for the project of the Cheongong-gun Planning Facility (Road: D, Power Supply Facilities), regarding the instant development project (hereinafter “instant Disposition 1”), and the main contents thereof are as follows:

Matters concerning authorization (revision) of an implementation plan;

1. Construction works for establishing urban planning roads (D lines) for urban planning facilities (D lines) for urban planning projects for development complexes (roads) at the location where a project for the type and name of the project, the scale of the project, and the scale of the project (not to be changed) is to be implemented, of the type and scale of the project (not to be changed) and the type and name of the project, and the scale of the project, etc. of the project; - project for planning facilities (electric power supply facilities) for the change of the H-day project period of at least 10m B-3,432m B-8.0m

2. Name and address (change) of the project implementer - : B (State) J, Cheongong-gun K-Change: B (State) L and Cheongong-gun M

3. A project period (change) - The beginning of the relevant project: A project period: Before February 29, 2016 to December 31, 2018 - The alteration: Between February 29, 2016 and December 31, 2021: The implementation of administrative procedures, such as delay in consultation on compensation and alteration of an urban management plan, etc.

4. Expropriation or use;

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