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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Details of the disposition;
A. On June 18, 2007, pursuant to Article 30 of the former National Land Planning and Utilization Act (amended by Act No. 8564 of July 27, 2007), the Defendant decided to establish school facilities of 329,002.3 square meters in Sungnam-si E (hereinafter “instant business area”), and announced it as C public notice in Sungnam-si.
B. On December 19, 2013, pursuant to Articles 86 and 88 of the National Land Planning and Utilization Act, the Defendant approved the implementation plan for the instant project, such as designating the project implementer of the said urban planning facility as the Defendant’s Intervenor, and publicly notified the implementation plan as the F of the Sungnam City’s Public Notice.
C. The Plaintiff (Appointed Party) and the designated parties are owners of 1,045 square meters in Sung-nam-si E-gu, Sungnam-si located in the instant business area.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 1 and 2, the purport of the whole pleadings
2. The Defendant and the Defendant’s Intervenor asserted that the lawsuit of this case was unlawful, since they were filed after the period for filing the lawsuit of this case expired.
According to Article 20(1) and (2) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date on which the existence of the cause of revocation, etc. is known, and within one year from the date of disposition, etc.
In addition, regardless of whether a person who has an interest in an administrative disposition based on the public notice was actually aware of the fact that the public notice took effect, it shall be deemed that the person was aware of the administrative disposition on the date when the public notice takes effect (see, e.g., Supreme Court Decision 2004Du3847, Apr. 14, 2006), and in cases of a public notice document to inform the general public of a specific matter, except as otherwise provided in the document, it shall take effect from five days after the public notice
Gu.