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(영문) 의정부지방법원 2017.09.05 2017구합10666
도시관리계획결정 무효확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 29, 2010, the Defendant rendered a decision on an urban management plan (revision) that includes a new establishment of C (451,325 square meters in Namyang-si, E) in the Class I district unit planning zone, and publicly announced the topographic map.

(F) Notice in Nam-si. (b)

On October 6, 2014, the Defendant decided a C Urban Management Plan (specific-use area, district unit planning zone, and district unit planning) and announced the topographic map (G publicly notified at Yangyang-si, hereinafter referred to as “decision on the Prior Operational Management Plan”) and the part of the decision on the waste disposal facilities among them are as follows:

Waste disposal facilities (building disposal facilities) on the ground of change in the name of the facility – Closure of waste disposal facilities: H day - Area: Waste disposal facilities in accordance with the formulation of a district unit plan of 5,804 square meters per reduction;

C. On October 29, 2015, the Defendant: (a) designated ABS Partnership Group as a project implementer with respect to the construction of C urban planning facilities (road, plaza, and green area); and (b) authorized and publicly notified the implementation plan applied by the project implementer (the instant authorization disposition B; hereinafter “instant implementation plan”); and (c) included the land in the area of 560 square meters in the area of 1938 square meters in the area of 1/38 square meters in Nam-si, Namyang-si, where the Plaintiff owns one-third equity shares.

Meanwhile, on the other hand, Dong Annb Co., Ltd. (hereinafter “Dong Annb City”) that installed and operated the above waste disposal facilities (hereinafter “the instant waste disposal facilities”) filed an appeal suit against the Defendant, which sought revocation of the prior urban management planning decision, and the revocation of the conjunctive part of the prior urban management planning decision (Seoul District Court 2015Guhap7017), and on November 3, 2015, on the ground that the Defendant did not properly undergo the procedure for hearing opinions from Dong Annb City in determining the prior urban management planning, the Defendant was sentenced to a judgment accepting the conjunctive claim, and the primary claim.

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