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(영문) 서울고등법원 2017.06.23 2016누77324
비오톱지정처분취소
Text

1. The plaintiff's primary claim added in the trial is dismissed.

2. The plaintiff's appeal is dismissed.

3. Appeal.

Reasons

1. Basic facts

A. On April 28, 200, the Plaintiff completed the registration of ownership transfer on the ground of voluntary auction as to the land of 9-1 forest land in Seocho-gu Seoul, Seocho-gu, Seoul, 7,880 square meters, 83-14 forest land in the same Gu, 887 square meters, and 83-22 forest land in the same area, 5,598 square meters (hereinafter collectively referred to as “instant land”).

B. The Defendant investigated the current status of urban ecology in accordance with Article 4(4) of the former Seoul Special Metropolitan City Ordinance on Urban Planning (amended by Ordinance No. 5981, Jul. 30, 2015); and on April 2, 2015, the Seoul Special Metropolitan City City Ordinance on Urban Ecology (amended by Ordinance No. 5981, Apr. 2, 2015); and on June 18, 2015, publicly announced the current status of urban ecology of 2015 Seoul Special Metropolitan City through the public announcement of the current status of urban ecology (Seoul Special Metropolitan City Ordinance No. 2015-157, Jun. 15, 2015), the land in this case was determined to be Grade 1 and 1 of non-top assessment of non-top type 1 and individual non-top assessment of non-top type 1.

(hereinafter “Notification of this case”). 【No ground for recognition”, Gap’s 1 through 3, Eul’s 1 through 5, and the purport of the whole pleadings.

2. Judgment on the main claim

A. The summary of the Plaintiff’s assertion in this case is that the upper-tier statute [the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(2) Article 58 of the Enforcement Decree of the same Act and Article 56 of the Enforcement Decree of the same Act were established based on the Seoul Special Metropolitan City Ordinance on Urban Planning (hereinafter “instant Ordinance”) enacted without delegation, and thus its defect is serious and apparent and invalid.

B. Article 58(1)4 of the National Land Planning and Utilization Act, as one of the criteria for permission for development activities of surrounding areas, is in harmony with the actual use condition or land use plan of surrounding areas, the height of buildings, gradient of land, status of trees, drainage of water, drainage of river, lake and marsh, wetlands, etc.

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