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(영문) 창원지방법원 2020.08.13 2019구합54021
장기미집행도시계획시설결정해제입안신청 거부처분취소
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1. On October 25, 2019, the Defendant filed an application with the Plaintiff for the cancellation of the determination of urban planning facilities for long-term unexecution on the part of the Plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff completed the registration of ownership transfer on May 20, 2016 with respect to the land Kimhae-si B (hereinafter “instant land”).

B. On March 31, 2001, the Minister of Construction and Transportation partially released the development restriction zone of the Kimhae-si C-dong, including the instant land, in order to induce them to become the central will of nearby small-scale communities by resolving inconvenience in large-scale community creation and forming a living zone with self-sufficiency function.

(Public Notice D. C.)

Part of the instant land was determined and publicly announced as a site for urban planning facilities (E; hereinafter “urban planning facilities of this case”) on June 7, 2002.

(Public Notice of Decision (Modification) of FJ Kimhae-do Urban Planning (G/C District Unit Planning), hereinafter referred to as the “Determination of the instant urban planning facilities”).

On February 8, 2019, the Defendant publicly announced the execution plan by phase of the Kim Sea Urban Planning Facility with the following contents pursuant to Article 85 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) with respect to the urban planning facilities including the instant urban planning facilities.

1. Object of formulating the outline of phased execution plan: Long-term unexecution facilities from among the urban planning facilities;

4. One phase for the project implementation period: From 2019 to 2021, 2-1 phase: From 2022 to 2023, and 2-2 phase: Category C for the formulation of the implementation plan by phase after 2024.

E. On October 17, 2019, the Plaintiff filed an application with the Defendant for the cancellation of the determination of long-term unexecution urban planning facilities pursuant to Article 48-2(1) of the National Land Planning and Utilization Act (hereinafter “instant application”).

F. On October 25, 2019, the Defendant rejected the instant application against the Plaintiff on the ground that “The instant land was established by stages as of February 8, 2019 with respect to the instant land, and thus, the instant land does not fall under those subject to the application for the cancellation of the determination of urban planning facilities.”

(hereinafter referred to as “instant disposition”). [Grounds for recognition] did not dispute, Gap 1-4, Eul 1-4, and all pleadings.

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