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(영문) 수원지방법원 2012.03.08 2011구합3983
도시계획시설사업시행자정및실시계획인가취소처분취소
Text

1. A B-park urban planning facility project (a charnel road parking lot) by the Defendant against the Plaintiff on August 31, 2010.

Reasons

1. Details of the disposition;

A. On May 29, 2008, the Plaintiff is a foundation foundation that completed the registration of incorporation on June 9, 2008, after obtaining permission for establishment of an incorporated foundation from the Gyeonggi-do Governor on May 29, 2008, to operate a business of establishing and operating a charnel house in the B Park located in Seongbuk-si (hereinafter “instant Park”).

(B) After that, D resigned on February 3, 2010 and took office as the representative of E who is South Korea).

In order to promote the aforementioned project, the Plaintiff submitted to the Defendant a draft of a park building plan, which is based on the “establishment of aggregate charnel facilities and expansion of existing park burial grounds” on January 15, 2009, which is an incorporated foundation (D’s representative) that runs the business of selling graveyards in the instant park, pursuant to Article 26 of the former National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 201; hereinafter “National Land Planning Act”) and Article 20 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 2309, Jul. 1, 2011; hereinafter “Enforcement Decree of the National Land Planning Act”).

Accordingly, on September 11, 2009, the Defendant drafted a draft change to the creation plan of the instant park based on the above draft proposal, and expanded the area of the instant park from 656,079 square meters to 858,341 square meters on September 11, 2009, and adjusted the location of a charnel facility under the previous development plan to be transferred from D to the Plaintiff’s fundamental property, such as H, I, and J land, and publicly announced that the alteration plan for the relevant park was made to 3,520 square meters from 3,520 square meters to 2,960 square meters, and the alteration plan for the urban planning facility (park) to 9,900 square meters from the total floor area of a charnel building to 8,320 square meters from 9,90 square meters to 8,320 square meters

(hereinafter referred to as the “instant urban planning”). C.

After that, the plaintiff shall establish a charnel road parking lot in accordance with the urban planning of this case (hereinafter referred to as the "project of this case").

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