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(영문) 부산지방법원 2017.12.01 2017구합22191
도시계획시설사업실시계획무효확인
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant is a project implementer that implements an urban planning facility project (road G: hereinafter “instant project”) at the Busan Dong-gu Busan (hereinafter “instant project site”). The Plaintiffs are the owners of the land, etc. who own the land and the building on the ground (hereinafter “land, etc.”) in the vicinity of the instant project site.

B. On April 8, 1969, the above urban planning facilities (road; hereinafter “instant road”) were installed on the project site of the instant case (Extended 117 meters, road width 4 meters), and on March 8, 2017, the Defendant publicly announced an urban management plan (road) decision (change) and topographic drawings with the content that the instant road is modified as indicated in the following table.

(H) Dong-gu Busan Metropolitan City Notice H; hereinafter referred to as the “instant management plan”); public notice of an implementation plan for a general urban planning facility project (road) with 113 K K General Urban Planning Facility (road) as an action for change to the 117 K K General Gu map as the 117 K K K K 6 national map as the 117 K K K 4 national map.

1. Location of the project site: Busan Dong-gu Filwon;

2. Type and title of the project;

(a) Category of project: Urban planning facility project (road G by cattle);

(b) Title: Construction of a road as an O-Japanese road;

3. Scale of business: The total size of the project in this case at issue is limited to L=93m, B=6m, to L=13m, B=6m, or a closed-off project (2017) by the disposition in this case, to L=93m, and B=6m.

5. Commencement and completion plan of the project.

(a) Scheduled date of commencement: March 2017;

The scheduled completion date: December 31, 2018.

On March 22, 2017, the Defendant published an implementation plan for an urban planning facility project (road) in accordance with Article 90 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) with respect to the instant road by MM in Dong-gu Busan Metropolitan City (hereinafter “National Land Planning Act”), and on May 31, 2017, the Defendant publicly announced an implementation plan for an urban planning facility project (road) in accordance with Article 91 of the National Land Planning and Utilization Act.

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