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(영문) 광주지방법원 2020.09.17 2020구합11107
사업시행자 지정처분 무효확인
Text

Of the instant lawsuits, the Defendant filed a claim to confirm the invalidity of the designation of a project operator as D on January 24, 2019.

Reasons

1. Details of the disposition;

A. The F Co., Ltd. (hereinafter “F Co., Ltd.”) filed an application with the Defendant for designation as the project implementer of a business that creates urban planning facilities (a golf course) at the Hamyeong-gun G G G Class (hereinafter “instant business”) without obtaining approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”) regarding the establishment of golf courses.

The location of the project site: The type and name of the project site for the Hamyeong-gun G G members: H golf course development project for the Hamyeong-gu Urban Planning Facility (golf course) project (27 holes);

3. Area and size of the project: 1,662,732.9 square meters: 27 holes of a membership golf course;

4. The name and trade name of the project implementer: A non-party company.

B. On January 24, 2019, the Defendant: (a) designated and publicly notified the non-party company as the concessionaire of the instant project (Public Notice D, hereinafter “instant disposition”); and (b) specific details are as follows.

2. Type and name of the business (in the case of non-highest type: Change of name): Title of the business of the booming urban planning facilities (golf course): A development project (in the case of middle class 27 holes):

3. The area and scale of the project (the alteration of the area and scale): 1,663,030 square meters: 27 holess of public golf courses;

C. On September 26, 2019, upon the application of the non-party company, the Defendant issued a disposition to change the designation of the project implementer with the following contents and publicly notified the change (the notice E of the Hai-gun; hereinafter “instant change disposition”), and the instant change disposition was changed from the membership system to the public.

The Plaintiffs are the owners or equity holders of the land incorporated into the instant project.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion is about the planning and utilization of the land when the non-party company applied for designation of the project implementer of this case.

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