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(영문) 수원지방법원 2016.11.16 2016구합62338
도시계획사업실시계획인가처분 무효확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 7, 2015, Plaintiff A completed the registration of ownership transfer with respect to 360/720 square meters out of G forest land 720 square meters, and Plaintiff B completed the registration of ownership transfer with respect to shares of 37,674/70 square meters out of H forest land 1260 square meters in Ischeon-si, Leecheon-si on June 17, 2015. Plaintiff C and D completed the registration of ownership transfer with respect to shares of 20,853/70 of each of the above H land on June 17, 2015, and on December 29, 2015, each of the persons who completed the registration of ownership transfer with respect to shares of 20,385/2,155 of each of the 79,380 square meters out of land 264 square meters in Ischeon-si, Leecheon-si, and on December 29, 2015.

(hereinafter referred to as “each of the instant lands”) B.

On May 31, 2013, pursuant to Article 30 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Gyeonggi-do Governor made a decision on the J Urban Management Planning (the change of specific use area, district unit planning, district unit planning) and publicly announced it to K in Gyeonggi-do’s public notice (hereinafter “instant management plan”), and the said public notice included a decision on urban planning facilities (hereinafter “decision on urban planning facilities of this case”) with the content of opening roads as follows (hereinafter “instant roads”).

Extension of the size of classification function (m) 130.5 to 30.0 Corresponding roads 1,194 small-scale 2-310 Doz. 1-1 (National-Do 3 Line) among the construction of the number width of each type of paper for each starting point.

C. The Defendant, as a project implementer of an urban planning facility project in accordance with the determination of the instant urban planning facility project (hereinafter “instant project”), prepared an implementation plan for the instant project, and publicly announced as of April 13, 2015, pursuant to Article 90 of the National Land Planning Act and Article 99 of the Enforcement Decree of the same Act, inspected a draft implementation plan for authorization of the said implementation plan, and publicly announced that the owners of land, etc. in the instant project zone and interested parties shall submit their opinions for 14 days after the Do announcement.

Since July 3, 2015, the defendant has the following contents with respect to the instant business.

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