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(영문) 서울고등법원 2014.01.09 2013누15561
개발행위허가신청반려처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s refusal to grant permission to the Plaintiff on May 15, 2012.

Reasons

1. Facts of recognition;

A. On September 4, 2006, the Special Act on Assistance to Areas, etc. adjacent to the granted district to the United States of America (hereinafter “Special Act on Assistance”) enacted to support the development of areas adjacent to the granted district, areas, and areas adjacent thereto (hereinafter “returned district area”), which Korea provided to the United States of America for the use of the United States Armed Forces in Korea, was enacted on September 4, 2006, Qua was wholly designated as the area adjacent to the returned district pursuant to Article 2 subparag. 4 of the Special Act on Assistance to Areas, etc. adjacent to the granted district (hereinafter “the instant forest”) and Article 2(2)2 of the Enforcement Decree of the Special Act on Assistance.

B. The Plaintiff purchased the instant forest land from R on July 21, 2009 and completed the registration of ownership transfer on September 15, 2009.

C. On May 4, 2011, Pursuant to Article 10(1)5 of the Special Act on Assistance, Pursuant to Article 10(1)5 of the same Act, S development projects (hereinafter “S development projects”) are to be implemented, which requires a private business entity to construct a tempha residential, commercial, facilities, educational, accommodation, sports facilities, etc. on the land of 2,500,000 square meters of land in the instant case, including the instant forest. On May 4, 2011, Libera Co., Ltd., a private business entity, which implements the instant business, entered into a memorandum and a MOU with the private business entity.

On November 23, 2011, the Defendant applied for the modification of the instant comprehensive plan to include the instant project in the comprehensive development plan formulated by the Gyeonggi-do Governor for the development of areas adjacent to the granted district, returned districts, and returned district natural disaster areas located in Gyeonggi-do (hereinafter “instant comprehensive plan”) pursuant to Article 2 subparag. 5 and Article 7 of the Special Act on Support to the Gyeonggi-do Governor on November 23, 201.

E. The defendant also carries out the project of this case.

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