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(영문) 울산지방법원 2014.09.04 2014구합919
도시계획사업 실시계획고시처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 30, 1970, the Minister of Construction and Transportation, a public notice of the Ministry of Construction and Transportation, set up and publicly notified as a green belt the size of F, G, H, I, I, Japan large scale of 1,200 square meters and J, K, L, M, M, 860,00 square meters, including the size of 15,314 square meters of Ulsan-gu C Forest land (hereinafter “C land before division”) and the size of D forest 793 square meters of Ulsan-gu, Nam-gu, Ulsan-gu, Seoul Special Metropolitan City, as a green belt (hereinafter “buffer belt”).

B. On January 5, 1989, C land before subdivision was divided into 7,463 square meters of O forest in Ulsan-gu (hereinafter “O land”) and 248 square meters of Ulsan-gu P forest in Ulsan-gu on July 5, 2003 (hereinafter “P land”). On July 3, 1993, the State completed the registration of ownership transfer on July 5, 2003 for P land subject to the consultation on each gift and public land.

C. Before subdivision, the Plaintiff’s father Qu acquired on September 5, 1980, but the Plaintiff’s registration of ownership transfer was completed on June 15, 2007 due to inheritance due to the consultation division. After the registration of ownership transfer was completed on April 4, 2012.

On November 19, 2012, the Plaintiff filed an application with the Defendant for the cancellation of the decision on the designation of a buffer green belt for the remaining 7,603 square meters (hereinafter “C land after division”) and D land remaining after partitioning before subdivision. Accordingly, on November 26, 2012, the Defendant rendered a disposition not to cancel the buffer green belt as of November 26, 2012 against the Plaintiff on the ground that “the instant area is subject to the Plaintiff on November 26, 2012 by preventing pollution, such as smoke, noise, vibration, etc. generated from railroads and national industrial complexes, and maintaining the function as a refuge zone when an accident occurred, Article 30 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 36 of the Urban Park Act (hereinafter “National Land Planning Act”), and Article 36 of the Urban Park Act, which is continuously being promoted to create a buffer green belt as at the time of the occurrence of an accident.”

E. On September 16, 2013, the Plaintiff (hereinafter referred to as “buffer green belt cancellation suit”) was previously filed by this Court 2013Guhap1946.

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