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(영문) 광주고등법원 2015.07.09 2014누6165
환지예정지 지정처분 취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is as follows.

An urban development project implementer of B district specified in paragraph (1), and the plaintiffs are the owners of each land listed in the attached Table 1 list in the project zone.

B. On October 24, 2006, the Defendant, pursuant to Articles 3 and 4 of the Urban Development Act, designated an urban development zone (hereinafter “instant project zone”) and formulated and publicly announced a development plan as follows:

1. Name of an urban development zone: A B district urban development project zone;

2. Location and area of an urban development zone: D, E, and F in Gwangju Mine-gu (611,000 square meters).

5. Period for implementing an urban development project and period for performing an urban development project: The date of authorization of implementation plan to December 30, 2010: the method of implementing an urban development project; and

C. On January 24, 2007, the Defendant revised the land use plan and infrastructure plan for the urban development project of the B district (hereinafter “instant project”) publicly notified as above, and publicly notified the content of approving the implementation plan as follows:

1. Name of the project: An urban development project in the B district;

2. Location and area of an urban development zone: D, E, and F in Gwangju Mine-gu (611,000 square meters).

4. Executor: Defendant;

5. Period: The method of land substitution under the Urban Development Act from January 24, 2007 to December 6, 2010; and

D. On November 21, 198, the land owners in the instant project zone filed a civil petition with the Anti-Corruption and Civil Rights Commission stating that the Defendant should exclude the instant buffer greenbelts in the instant project zone or bear the Defendant’s cost of creating a buffer green belt, because it is improper to transfer development costs to the land owners, which was designated as a buffer green belt in D general industrial complexes, as I publicly notified by the Ministry of Construction and Transportation (hereinafter “instant buffer green belt”).

Accordingly, the Anti-Corruption and Civil Rights Commission(the Anti-Corruption and Civil Rights Commission) grants the Defendant a buffer green belt to the project area of this case on September 2008.

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