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(영문) 서울행정법원 2019.06.20 2018구합78862
공공주택지구 지정처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

Details of the disposition

On July 10, 2018, pursuant to Article 6 of the former Special Act on Public Housing (amended by Act No. 16417, Apr. 30, 2019; hereinafter the same) (amended by Act No. 16417, Apr. 30, 2019; hereinafter the same), the Defendant designated and publicly announced D and E as a public housing zone in Namyang-ju B (hereinafter the “instant disposition”), and its main contents are as follows.

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

(a) Name: The Namyang-ju public housing zone (hereinafter referred to as the “instant public housing zone”);

(b) Location: D/E won in Namyang-si in Gyeonggi-do;

(c) Area: 1,292,388 square meters;

2. The designation date of a housing zone: The date of publication on the bulletin board ( July 10, 2018);

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

4. Public housing project operator: The plaintiffs of the Korea Land and Housing Corporation (the Intervenor joining the Defendant; hereinafter referred to as the “Supplementary Intervenor”) are currently owners of land in the instant public housing zone.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, the purport of the whole pleadings, are as stated in the relevant Acts and subordinate statutes relating to the legality of the disposition of this case.

The defendant asserted that the public housing district of this case was designated by the public housing district of this case shall be consulted with the related agencies prior to the designation of the public housing district of this case, and hearing opinions and public hearings for local residents and experts are conducted only formally, and did not make efforts to reflect the opinions practically.

No permission to divert farmland shall be granted for the purpose of using it as a site for facilities, such as multi-family housing.

In accordance with the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter referred to as the "Act on Special Measures for Designation and Management of Development Restriction Zones"), development restriction zones shall be cancelled for areas of low conservation value falling under grades 3 through 5.

Nevertheless, the defendant issued the Ministry of Land, Infrastructure and Transport Directive on August 10, 2018 to coordinate the development restriction zones of the Gu, the Ministry of Land, Infrastructure and Transport Directive.

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