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(영문) 서울행정법원 2015.06.12 2014구합75391
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 20, 2013, the Plaintiff filed an application with the Defendant to purchase the instant land pursuant to Article 7(1) of the Han River Watershed Act, as the owner of the land indicated in the attached Table located in the riparian zone under the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin (hereinafter “the Han River Watershed Act”).

(hereinafter “instant application”). (b)

On January 6, 2014, the Defendant notified the Plaintiff that the purchase of the instant land was impossible on the ground that the instant land was located in the treatment area where purchase is restricted pursuant to Article 11, “Guidelines for the Purchase and Management of Land, etc. (amended by the Han River Watershed Management Committee Regulations No. 103, Dec. 27, 2013; hereinafter “instant Guidelines”),” but on May 19, 2014, the Defendant withdrawn the said notification on the ground that the said land was excluded from the treatment area, on the grounds that the said land was located in the treatment area.

C. Accordingly, on June 18, 2014, the Defendant conducted an on-site investigation to compute the priority order for purchase of the instant land. On July 7, 2014, the Defendant notified the Plaintiff that the instant land was not included in the subject of purchase as a result of calculating the priority order for purchase.

(hereinafter “Notification of this case”). 【No dispute exists, Gap’s 1 through 3, 6 through 9, and 11-1 (including the number of pages), Eul’s 1 and 6 evidence, and the purport of the whole pleadings.

2. The Plaintiff’s assertion is based on an on-site investigation conducted on June 18, 2014, which is not the next quarter (from January 3, 2014) based on the date of application, and the Defendant’s notification as of January 6, 2014 was withdrawn.

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