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The judgment of the court below is reversed.
The judgment of the first instance shall be revoked, and the lawsuit of this case shall be dismissed.
The plaintiff's total costs of litigation.
Reasons
ex officio, the determination of the legality of the instant lawsuit is made.
1. According to the reasoning of the judgment below and the record, at the time of February 2, 1965, the Minister of Construction and Transportation established a plan for modifying the area of 20 square meters of the Daegu-gu Urban Park Planning Act (amended by Act No. 6655, Feb. 4, 2002) to install a natural park (title B) which is an urban planning facility in the Daegu-gu C, Daegu-gu, pursuant to the former Urban Planning Act (amended by Act No. 66555, Feb. 10, 2004; hereinafter the same shall apply). The Defendant shall establish a plan for modifying the area of 20 square meters of the land of this case on 30 square meters of the land of this case (hereinafter referred to as “the instant park development plan”; 20 square meters of the land of this case; 30 square meters of the land of this case; 200 square meters of the land of this case, and 30 square meters of the land of this case including the Plaintiff’s and its children, and 204.