logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.07.11 2018구합12794
공공주택지구 지정 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

1. The name, location, and area of a housing zone;

(a) Name: A public housing zone (hereinafter referred to as the “public housing zone in this case”);

(b) Location: Gwangju Mine-gu Cdong, Ddong;

(c) Area: 398,461 square meters;

2. The designation date of a housing zone: The publication date;

3. Type of project: A public housing project under Article 2 of the Special Act on Public Housing.

4. A public housing project operator: An intervenor assisting the defendant;

A. On July 2, 2018, pursuant to Article 6 of the former Special Act on Public Housing (amended by Act No. 16417, Apr. 30, 2019; hereinafter the same), the Defendant designated and publicly announced the Gwangju Mine-gu Cdong and Ddong Japan as a public housing zone B (hereinafter “instant disposition”), and the main contents thereof are as follows.

B. The Plaintiffs are the owners of the land located in the instant public housing zone, as shown in the attached Form 1 column.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiffs' assertion

A. The Defendant did not seek opinions from residents, relevant experts, etc. before designating the instant public housing zone, but did not endeavor to reflect their opinions practically. Thus, the instant disposition is procedurally unlawful.

B. Considering housing demand, malodor, environmental issues, etc., the public interest that can be gained from the instant disposition is not significant, and the Defendant expressed public opinion on December 26, 2001 that the designation of the housing site development district of Gwangju Mine-gu, Gwangjudong, Ddong, and E-dongwon was cancelled, thereby having a trust that the Plaintiffs would no longer interfere with the exercise of property rights on the land owned by the Plaintiffs, and thus, the instant disposition was abused or abused in violation of the proportionality and the principle of trust protection.

3. Attached Form 2 of the relevant Acts and subordinate statutes;

4. Whether the disposition is lawful.

A. According to Article 10(1) of the Special Act on Public Housing, a housing zone is established by the Minister of Land, Infrastructure and Transport.

arrow