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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of disposition;
A. On November 7, 2014, the Plaintiff and D transferred the ownership registration with respect to B forest No. 2,956 square meters, E 86 square meters, F 498 square meters, each of the land of F 498 square meters and/or 1/2 shares.
(hereinafter “instant land”). B.
On May 26, 2005, the Gyeongnam-do governor announced on May 26, 2005, the Gyeongnam-do governor publicly announced on the urban management planning, including the construction of neighboring green parks (C Park; hereinafter referred to as “C neighboring parks”) which are urban space facilities. The instant land was included in the above park area.
C. On September 5, 2011, the Defendant formulated an implementation plan by phase pursuant to Article 85 of the former National Land Planning and Utilization Act (amended by Act No. 15314, Dec. 26, 2017; hereinafter “former National Land Planning Act”) with respect to non-execution urban planning facilities, and C neighboring parks were included in the two-stage implementation plan (20, 2016 through 2020).
The defendant on August 16, 2013 above A.
The park building plan was determined and publicly announced in accordance with Article 16-2 of the Urban Park and Greenbelts Act, Article 30 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 25 of the Enforcement Decree of the same Act, and Article 2 of the Ordinance on the Delegation of Affairs concerning Gyeongnam-do.
(Public Notice I). (e)
On August 25, 2016, Article 85 of the former National Land Planning and Utilization Act, Article 95 of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 28324, Sept. 19, 2017; hereinafter “former Enforcement Decree of the National Land Planning and Utilization Act”), and Article 95 of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 28324, Sept. 19, 2017; hereinafter “former Enforcement Decree of the National Land Planning and Utilization Act”), the Defendant publicly announced the implementation plan by phase (J of large-scale announcement), and C neighboring parks as financial enforcement facilities
(f) On January 15, 2018, the Plaintiff is required to abolish the implementation plan by phase of Csan Park to the Defendant on January 15, 2018.
The defendant, however, was the office.