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(영문) 의정부지방법원 2014.12.23 2014구합644
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On October 9, 1991, the Defendant designated and publicly announced as F Gun’s parks a business size of 12,730,215 square meters under the Natural Parks Act, D and E Gyeong-gun’s Notification C, Gyeonggi-do, Gyeong-gun under the Natural Parks Act.

B. On March 9, 1993, the Defendant, with the permission to implement a park project for the G District development project (hereinafter “instant project”), among the above Gun parks, decided to install infrastructure, such as roads, water supply and drainage facilities, sewage treatment facilities, etc., among the above Gun parks (hereinafter “instant project”), but failed to properly implement the instant project due to financial shortage. Although the construction was extended several times, even if the construction period was extended, the instant project was suspended even if only some roads were installed by December 31, 2007, the last time limit.

C. Meanwhile, on November 2, 1994, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the Selection B (hereinafter referred to as “Plaintiffs, etc.”) obtained permission from the Defendant to implement a park project regarding accommodation business in G districts (multi-Dong) among the above Gun parks (hereinafter “instant land”), and completed the registration of initial ownership on October 9, 195 after completion of the accommodation business on the instant land, with each of 1/2 shares on October 9, 195.

Plaintiff

On February 28, 2014, when the Defendant was urged to complete the construction of infrastructure that had been suspended several times, etc., the Defendant filed an application for modification of the implementation plan for a park project (hereinafter referred to as the “application of this case”) with the content that (i) the revocation of the transfer-lease plan for the project of this case and the modification to the public project; (ii) subsidizing project costs for sewage purification facilities and water supply facilities; or (iii) requesting the purchase of land and buildings owned by the Plaintiffs.

E. Accordingly, on March 24, 2014, the Defendant submitted to the Plaintiff the instant application to the Eunpyeong-gun Civil Petition Coordination Committee for the instant case.

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