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(영문) 수원지방법원 2018.10.17 2017구합68005
도시관리계획결정처분취소
Text

1. All claims filed by the plaintiff (appointed party) and the remaining designated parties are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On May 26, 2017, the Defendant rendered a decision on the urban management planning (hereinafter “instant disposition”) to install and establish crematory facilities (hereinafter “instant crematory facilities”), natural burial grounds, parks, and roads respectively, on the part of the day-to-day B (hereinafter “D”) as a result of the public announcement of the gender City.

B. The Plaintiff (designated parties; hereinafter “Plaintiffs, etc.”) and the remaining designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) are persons residing in each of the former Fdong, such as Dong-dong, Suwon-si, and their respective places of residence of the Plaintiff, etc. are located far away from the Dra in which the instant crematory facility is to be installed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 30 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. The summary of the instant disposition, including the Plaintiff, is an illegal disposition that deviates from or abused discretionary power for the following reasons, and thus must be revoked.

According to Article 116-2 of the Local Autonomy Act and Article 80 of the Enforcement Decree of the Local Autonomy Act, a local government may establish and operate advisory agencies as prescribed by ordinance of the local government.

However, notwithstanding the absence of the grounds for establishment of the relevant statutes or ordinances of the Masung City, the Defendant established G Construction Promotion Committee (hereinafter “instant Committee”) without any grounds, and the organization of the instant Committee is unlawful by arbitrarily selecting its members.

Nevertheless, according to the deliberation and resolution of the Committee of this case, Daehan was determined as the final candidate for the establishment of the crematory facility of this case.

B. The Defendant, who did not reflect the results of the feasibility study on site location, concluded a service contract regarding the feasibility study on site location of the instant crematory facility with H, and H.

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