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(영문) 춘천지방법원 2015.11.06 2015구합4554
도시계획시설(도로)실시계획변경인가처분 취소
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed.

3. The costs of lawsuit are assessed against the Plaintiff.

Reasons

Details of the disposition

On October 2, 1999, the Gangwon-do Public Notice No. 1999-166 of Gangwon-do decided to revise the Chuncheon Urban Planning (Fiscal Expenses) that plans from 1-6 (11) to 1-10 (25 square) of the scholarship-based, Chuncheon-si to 1999 to 1-166.

The defendant designated the Korea Land and Housing Corporation as the implementer of the Chuncheon City Urban Planning Facility Project, which would build a road and make a plaza in the Chuncheon-si 789-136 scholarship, in accordance with the above decision of modification of the Chuncheon Urban Planning (Financial Expenses), and the Korea Land and Housing Corporation has prepared an implementation plan for the Chuncheon City Urban Planning Facility Project.

On May 10, 2013, the Defendant publicly announced that, pursuant to Article 90 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 99(1) of the Enforcement Decree of the same Act, “the implementation plan (road: 1-9 lines, 3-11 lines and 17 squares) for the designation of the project implementer and the authorization of the implementation plan for the determination of the urban planning facilities in Chuncheon City, the Defendant may submit opinions to the owners of land, buildings, etc. and interested parties within the project implementation zone.

The defendant designated a project implementer under Article 86 of the National Land Planning and Utilization Act and Article 96 of the Enforcement Decree of the same Act, authorized an implementation plan under Article 88 of the same Act and Article 97 of the Enforcement Decree of the same Act, and publicly notified the "Designation of the project implementer and authorization of the implementation plan of the Chuncheon Urban Planning Facility (the road: two facilities other than 1-9 lines)" on July 5, 2013.

(hereinafter “Initial Authorization Disposition”). On April 3, 2015, the Defendant published the “Sacheon Urban Planning Facility (Road: 1-9 line, 3-1 line and 17 square) project implementation plan (amended)” to the effect that the change of the project area and the scheduled completion completion plan following the change of the lane or speed of the left-hand turn following the change of the lane or speed due to the change of the lane or speed of the lane on April 3, 2015 after obtaining two authorizations, and then published the public announcement on June 19, 2015.

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