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(영문) 수원지방법원 2019.01.10 2018구합64611
도시계획변경결정 취소 청구
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant means a facility determined by an urban management plan among the infrastructure facilities of urban planning facilities in the area of 71,681 square meters in Ansan-gu, Ansan-si. In this case, “high school facilities, sports facilities, social welfare site sites, parking lots, and roads” had been built for installing urban planning facilities as urban planning facilities.

In order to implement the project (the name of the project: the “F Corporation” and the “project implementation period”: the authorization date of the implementation plan to December 31, 2013; hereinafter “instant project”), the special-purpose area of the land in the instant project district (hereinafter “instant project site”) was modified from the green conservation area to the green conservation area, while publicly notifying the alteration of the G management plan to the public notice of Ansan City on January 22, 2009.

(B) The alteration part of the project site of this case among the alteration decision of the urban management planning on January 22, 2009 is referred to as “the initial disposition in this case”).

On June 4, 2010, the Plaintiffs completed the registration of transfer of ownership on the ground of sale on March 4, 2010 with respect to the land of this case 24,271 square meters and E 19,212 square meters (hereinafter “instant forest”). Of the instant forest land, Plaintiff A owns shares equivalent to 6.6/10, and Plaintiff B owns shares equivalent to 33.4/100, respectively.

C. Around July 2010, the Plaintiffs raised an objection to the Defendant to request the withdrawal of the instant business.

On July 23, 2010, the defendant sent a reply to the plaintiffs to the effect that "the business of this case is currently in progress with various authorization and permission procedures for the promotion of the business, there is no change in the implementation of the business, and there is no change in any other matter for the promotion of the business, and it is proper to cooperate so that the smooth promotion of the business, such as land compensation, can be achieved in the future, considering that the long-standing matters

E. Since then, it is deemed difficult for the Defendant to continue running the instant business, and at Ansan City on October 20, 2017.

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