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(영문) 대법원 2014.10.27 2012두11959
사업시행자의 지정취소처분취소
Text

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

Reasons

The grounds of appeal are examined.

1. The summary of the judgment below is as follows.

(1) Comprehensively taking into account the adopted evidence, the lower court issued a disposition to designate the Plaintiff as the project implementer of the instant urban park development project within B park development project zone pursuant to Article 86 of the former National Land Planning and Utilization Act (amended by Act No. 9982, Jan. 27, 2010; hereinafter “National Land Planning Act”) on the following grounds: (a) the Defendant modified the existing Seogpo City Urban Management Planning (urban Planning Facilities B) with respect to parks located in C, Seopo City on February 10, 2010 and publicly notified the topographic drawings accordingly; and (b) the Plaintiff may, in principle, be subject to the designation of the project implementer under Article 292 of the Special Act on the Construction of Jeju Special Self-Governing Province and the Construction of Free International City (hereinafter “Special Act on the Development and Utilization of Green Areas”) on the land within B park development project zone; and (c) the designation of the instant urban park is likely to damage or be subject to the designation of the project implementer under Article 290 of the Special Act on the Construction of Jeju Special Self-Governing Province and the Urban Park Act.

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