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(영문) 서울고등법원 2020.09.24 2019누67663
장기미집행 도시, 군계획시설결정 해제입안 신청 거부처분 취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The following shall be added to the third 17th of the judgment of the first instance:

3) On December 1, 2011, the instant association completed the registration of the establishment of a neighboring superficies and the registration of the creation of a superficies with respect to the land of Jung-gu Incheon Metropolitan City, including the instant land, at KRW 4,160,000,000, with respect to the loan of business funds from the P association.

4) The Incheon Central Police Station attempted to purchase the land of this case around that time (However, it seems that the purpose was not achieved due to the registration of each of the above and the auction procedure as seen below.

b)in two pages 8, "The Deputy Chief of this Court of Incheon" shall be appointed as "the Deputy Chief of the Incheon Central Police Agency of the first instance";

The following shall be added to the 8th page 16:

Article 26(1)2 of the National Land Planning Act provides that “A resident may propose formulation of an urban or Gun management plan to a person who is able to formulate an urban or Gun management plan on matters concerning the designation and alteration of a district unit planning zone and the formulation and alteration of a district unit plan,” and therefore, the Plaintiff’s assertion that there is room for remedy by means of proposing a modification of an urban or Gun management plan on the instant land by explaining that the public interest necessity for the construction and operation of a public office building in the instant land has ceased to exist through the aforementioned procedure.

[2]On the 2nd page 10, the following shall be added:

(b).

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