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(영문) 수원지방법원 2016.08.23 2015구합67947
공원조성계획(변경)결정고시 취소청구
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. On May 29, 2008, the Plaintiff is a foundation foundation which completed the registration of incorporation on June 9, 2008, after obtaining permission for establishment of an incorporated foundation from the Governor of the Gyeonggi-do on May 29, 2008, to operate a business of establishing and operating a charnel house in Sung-nam City D (hereinafter “instant park”).

B. On September 11, 2009, the Defendant decided to change the location of a charnel house in the instant park and to change the facility area from 3,520 square meters to 2,960 square meters, and to 8,320 square meters from 9,90 square meters to 8,320 square meters, and publicly notified the change in the creation plan for urban planning facilities as F.

(hereinafter “former Management Plan”). (c)

On December 9, 2009, the Defendant: (a) designated the Plaintiff as the project implementer with respect to an urban planning facility project that installs a charnel, road, parking lot, etc. in the instant park (hereinafter “instant urban planning facility project”); and (b) authorized the said charnel, etc. to implement the project; (c) revoked the designation of the project implementer and the authorization of the implementation plan on August 31, 2010, on the ground that the Plaintiff failed to meet the requirements for designation of the project implementer.

(hereinafter referred to as “pre-sale disposition”). D.

The plaintiff appealed against this and filed an administrative litigation through an administrative appeal, and the first instance court (U.S. District Court 201Guhap3983) rendered a judgment that "the revocation of the prior cancellation is".

Although the appellate court (Seoul High Court 2012Nu10040) declared a judgment dismissing the claim after cancelling the above judgment, the said appellate court's judgment was reversed and remanded in the final appeal (Supreme Court 2013du7025) and the judgment dismissing the defendant's appeal against the judgment of the first instance was rendered on December 24, 2014 (Seoul High Court 2014Nu6205). On April 9, 2015, the appellate court (Seoul High Court 2015du400) rendered a judgment dismissing the appeal and became final and conclusive as it is.

(e).

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