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(영문) 청주지방법원 2019.07.25 2019구합5514
군계획시설 실시계획인가처분 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. Authorization of the previous implementation plan for the urban planning facilities and judgment to nullify the invalidity thereof 1) Chungcheongbuk-do Governor, July 8, 201, shall be governed by the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

) Pursuant to Article 30, the Ministry of the Interior and Safety (hereinafter “the instant site”) determined and announced a plan for the management of the voice (sports facilities) (G) (Public Notice of Chungcheongbuk-do), and the said public Notice is the H Day (hereinafter “instant site”).

(2) On February 5, 2015, the Defendant: (a) received an application for designation of a project implementer and authorization of an implementation plan from an I Co., Ltd.; and (b) subsequently designated an I Co., Ltd. as the project implementer for the establishment of a golf course; and (c) on June 5, 2015, the Ministry of Information and Communications announced by the Ministry of Information and Communications under Article 88 of the National Land Planning and Utilization Act to authorize and publicly notify an implementation plan for the establishment of a membership golf course as follows:

(hereinafter “previous Authorization Disposition”). Details of authorization of an implementation plan for an urban planning facility project;

(a) Location of the place of project execution: K member of the sound group of Chungcheongbuk-gun;

(b) Kind and name of a business: A business of urban planning facilities (sports facilities) (member golf courses): F development projects;

C. Area or size: 1,039,091 square meters (hereinafter omitted) within the instant site: (a) however, Nonparty Lin-Friendly Association, a landowner within the instant site, filed a lawsuit against the Defendant seeking confirmation of invalidity of the previous authorization disposition (Cheongju District Court 2016Guhap10775) and on March 23, 2017, on the ground that “the previous authorization disposition for the construction of a membership golf course, which is not a public golf course, is a sports facility to be installed for the general public to determine urban/Gun planning facilities in accordance with the National Land Planning Act, and thus, the previous authorization disposition becomes null and void on the ground that its defect is serious.” (b) The said judgment became final and conclusive on April 8, 2017.

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