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(영문) 부산고등법원 (창원) 2017.01.11 2016누10773
사업시행자지정취소처분 취소
Text

1. Revocation of a judgment of the first instance;

2. On December 24, 2015, the Defendant’s facilities for the Kimhae Urban Planning Facilities against the Plaintiff:

Reasons

1. Details of the disposition;

A. On August 25, 2009, the term “Defendant” is collectively referred to as “Defendant” and is collectively referred to as “Defendant”. On August 25, 2009, the Plaintiff was designated by the project implementer of the Kim Sea Urban Planning Facility (sports facilities: golf courses, playgrounds) project (hereinafter “instant project”), which is a public golf course 27 holes, golf practice ranges, playgrounds, playgrounds, etc., and a project implementer of the public golf course, the installation of a golf course 27 holes, and the Kim Sea Planning Facility Project (hereinafter “sports facilities”).

B. On May 28, 2010, the Defendant: (a) on May 28, 2010, approved an implementation plan for the project of the Kim Sea Urban Planning Facility (sports facility: the location of the project implementation site: 763 square meters in the actual course in Kimhae-si; (b) 1,804,767 square meters in the implementation area; (c) public golf course: 27 holes in the public golf course; (d) tentative practice course; (e) outdoor driving range; and (e) the project period: from the authorization date of the implementation plan to December 31, 2012; (e) on June 1, 2010, the Defendant publicly notified the implementation plan for the project of the Kim Sea Urban Planning Facility (sports facility: 151 square meters in the new site in the implementation of the project: 184,849 square meters in the implementation area: 3 pages in the tennis-si; (e) 1, 1004, 9 et al., 2131.

C. On August 27, 2015, the Defendant notified the Plaintiff of the revocation of the authorization of the instant project implementation plan, and on December 24, 2015, the Plaintiff revoked the designation of the implementer of the instant project on the following grounds:

(hereinafter referred to as the “instant disposition”). He was designated as the instant project implementer, but did not complete the project during the project period and did not proceed with the project due to disputes between the existing investors, etc., and the project was not commenced even after the lapse of the project period, and the project was not implemented normally.

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