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(영문) 광주지방법원 2019.09.05 2018구합1046
재개발구역지정결정처분취소
Text

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. On July 15, 2012, the Defendant: (a) designated and publicly announced the land indicated in the purport of the claim for the designation of the district unit planning zone in Gwangju Metropolitan City as a district unit planning zone; (b) but became invalid pursuant to Article 53 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) because district unit planning regarding the instant zone was not determined and publicly announced within three years thereafter; (c) on July 15, 2015, the Defendant publicly announced a topographical map that changed the designation of the district unit planning zone of the instant zone to N to the abolition of the decision to designate the district unit planning zone of Gwangju Metropolitan City.

B. On September 1, 2018, the Defendant issued a public announcement of Gwangju Metropolitan City, “The instant zone was designated as a district unit planning zone at the time of renewal of the Gwangju Urban Management Planning, July 2012, 2012, but becomes null and void, but it is required to promote planned development as an area expected to spread the development pressure according to L and surrounding areas, and thus, should be re-designated as a district unit planning zone (hereinafter “instant disposition”).

C. The Plaintiffs are owners or co-owners of the land listed in the separate sheet within the instant zone.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including virtual numbers; hereinafter the same shall apply), Eul evidence 1, 3, 9, 10, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant zone asserted by the Plaintiffs is as follows: “The zone released from a development-restricted zone, urban natural park zone, urbanization-coordination zone, or park; the zone that is changed from a green area to a residential, commercial, or industrial area; the zone that requires a planned development or management among the zones that need to be newly incorporated into an urban area”; “area that requires a systematic and planned management or development of an urban area” under Article 51(1)8 of the National Land Planning and Utilization Act; or “area that requires a systematic and planned management or development of an urban area” under subparagraph 9; or the enhancement

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