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(영문) 서울행정법원 2014.05.15 2013구합55338
도시관리계획변경결정취소
Text

1. The Defendant’s decision to modify an urban management plan publicly notified as publicly notified C on March 21, 2013 is revoked.

2...

Reasons

The plaintiff A, in the course of the determination of the urban management plan, is the owner of the land in Seoul Special Metropolitan City, Nowon-gu D site 385 square meters (hereinafter “instant land”) and the building on its ground.

Plaintiff

B runs a wholesale and retail business of building materials in the name of “E” on the first floor after leasing the instant land building from the Plaintiff from the Plaintiff, and resides in the second floor together with his family.

On September 7, 2011, the Defendant Intervenor (hereinafter referred to as “Labor-gu”) established the “I Construction Plan” (hereinafter referred to as the “Initial Construction Plan”) on the ground that it is reasonable to build indoor sports halls including swimming pools in connection with the process of restoring forests damaged by illegal facilities among neighboring parks, and promoting H Park projects to restore parks by creating residents’ shelters, etc. and promoting park recovery.

According to the above plan, I (hereinafter referred to as the "facilities of this case") was planned to be constructed on a scale of 5.984 billion won (total construction cost) in the Gsan Park located in six lots, including Seoul Special Metropolitan City, Nowon-gu, with the total floor area of 7,00 square meters, and the total amount of 1.94 billion won (3.7% of total construction cost), 6.93 billion won in Si (34.7% of total construction cost), 7.3 billion won (35.3% of total construction cost), and 1.947 billion won in total (35.3% of total construction cost), and it was planned to start construction on January 2013 and completed construction around September 2014.

However, the land of this case and its ground buildings were missing in the land planned for the first construction plan.

On October 25, 2011, the head of Nowon-gu in Seoul Special Metropolitan City (hereinafter referred to as the “instant land, etc.”) ordered the purchase of four parcels, including the instant land at the entrance in the process of inspecting the G Park Project and the site for the construction of the instant facilities.

On December 23, 2011, Nowon-gu prepared measures to promote the construction of the facility in this case, and according to them, it includes measures to secure the land purchase cost of 1.8 billion won during the first half of 2012.

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