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(영문) 서울고등법원 2019.11.20 2019누50757
민간특례사업제안자지위확인
Text

1. All appeals filed by the defendant and the defendant assistant intervenor are dismissed.

2. The costs of appeal shall be incurred by the intervention;

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the modification of the pertinent part of the judgment of the first instance as to this case as follows 2. Thus, it is identical to the reasoning of the judgment of the first instance (including “related Acts and subordinate statutes,” but excluding the part “5. conclusion”). Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2.On the 6th day of the correction, the following shall be added:

【A) According to the Act on Urban Parks, Greenbelts, Etc. (hereinafter “Urban Park Act”), a person who is not a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (hereinafter “Mayor,

A) The head of a Si, etc. may propose the head of a Si, etc. to formulate a park building plan with respect to any urban park for which an urban or Gun management plan has been decided to build an urban park at his/her own expense and responsibility (Article 16(3)). Furthermore, the head of a Si, etc., in receipt of a proposal to develop a park building plan, shall notify the proposer of whether he/she accepts the proposal within the period prescribed by Presidential Decree after consultation with the urban park committee established in the relevant local government, and, if he/she intends to accept the proposal, shall reflect it in the formulation of a park building plan (Article 16(4)). In addition, a private park promoter may designate an implementer of an urban or Gun planning facility project pursuant to Article 85(5) of the National Land Planning and Utilization Act and build and manage any urban or park facilities after obtaining authorization of an implementation plan pursuant to Article 88(2) of the same Act (Article 21(1)); where a private park promoter donates an urban park to the park management agency, not

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