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(영문) 서울행정법원 2016.11.11 2016구합65961
비오톱지정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 28, 200, the Plaintiff completed the registration of ownership transfer on the ground of voluntary auction as to the land of 9-1 forest land in Seocho-gu, Seoul, Seocho-gu, Seoul, 7,880 square meters, 83-14 forest land in Busan Do, 887 square meters, and 83-22 forest land in Busan 83-22 forest and 5,598 square meters (hereinafter collectively referred to as “instant land”).

B. In accordance with Article 4(4) of the former Seoul Special Metropolitan City Ordinance on Urban Planning (amended by Ordinance No. 5981, Jul. 30, 2015); the Defendant examined the current status of urban ecology (2015) on Apr. 2, 2015, the Seoul Special Metropolitan City Ordinance on Urban Planning (amended by Ordinance No. 5981, Apr. 2, 2015); and on June 18, 2015, the Defendant publicly announced the current status of urban ecology of 2015 through the public announcement of the current status of urban planning (Seoul Special Metropolitan City Ordinance No. 2015-157, Jun. 18, 2015), the land in this case was determined to be grades 1 and 1 non-to-stop 1.

(hereinafter “Public Notice of this case”). 【No dispute exists, Gap’s 1 to 3 evidence, Eul’s 1 to 5 evidence, and the purport of the whole pleadings.

2. We examine ex officio the lawfulness of the instant lawsuit.

Except as otherwise expressly provided for in a public notice document, public notice or notification shall take effect on the date on which five days elapse after the public notice or notification is made (see Articles 4 subparag. 3 and 6(3) of the former Regulations on the Efficient Management of Administrative Affairs (amended by Presidential Decree No. 27103, Apr. 26, 2016)), and regardless of whether a person who has an interest in an administrative disposition by public notice or notification is actually aware of the fact that public notice or notification was made, an administrative disposition shall take effect on the date on which public notice or notification takes effect.

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