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(영문) 광주고등법원 2019.05.30 2018누5580
민간 공원 조성 특례 사업 제안 거부 처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation concerning this case is to substitute part of the judgment of the court of first instance as follows. Paragraph (2) is the same as the ground of the judgment of the court of first instance, except for the additional decision under Paragraph (2). Thus, this is to accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

【The proposed portion】 The second 11th “Proposal” (hereinafter referred to as “instant proposal”) shall be added to the “Proposal.”

3. The “Evidences 1 through 3, and 6” of the inner line shall be deemed to be “Evidences 1 through 4, and 6.”

3 Under the 3 pages, the "Evidence Nos. 4 and 5 of the A" shall be deemed to be "Evidence No. 5 of the A. 5."

4 The "Semank-gun" to the "Semank-gun" to the "Semank-gun."

5 The following shall be from the 6th to the 5th stma below:

Comprehensively taking account of the aforementioned evidence and evidence in Eul evidence and evidence Nos. 11 through 15, the defendant reported to the council of Y-gun to the effect that he/she will create the C Park by himself/herself around March 2018. Accordingly, on March 26, 2018, the council of YY-gun assigned the budget of KRW 300 million at the working design cost of the above park; from the forest industry division, the department in charge of the YY-gun, the finance officer requested the finance officer to conduct a small-scale environmental impact assessment service contract on August 27, 2018 in relation to the above park development project. The finance officer of YY-gun entered into a contract for prior examination of factors influencing disasters on September 13, 2018, and it is considerably impossible to establish the above park construction and working design contract with the KY-gun on October 26, 2018, and thus, it is considerably impossible for the defendant to create the national land planning plan as the above 206th of the park.

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