(영문) 대전지방법원 2015.03.25 2014구합1606

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(영문) 대전지방법원 2015.03.25 2014구합1606

대전 도안 갑천지구친수구역지정고시취소

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1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the disposition;

A. As a new development site was needed due to the continuous increase of population in the area of the Seo-gu Daejeon, the detailed development plan for the area of the South and North Western Zone was formulated around July 199.

B. Daejeon Western District was planned to develop the area in the order of 1, 2, and 3 stages, and the name was changed to the Do New City after the commencement of public development around 2001 and the completion of the development around December 201.

C. The second phase area of the Doan New City is divided into one district in the Doan-dong and two districts in the left side of the Doan-won University, such as the right drawing. On January 23, 2014, the Defendant designated the Seo-gu Doan-dong, Seo-gu, Seo-gu, Daejeon-gu, the second phase area in the Doan-gu, Seopo-dong, Seopo-dong, Seopo-dong, Seopo-dong (hereinafter “instant project area”) as a waterfront pursuant to Article 4 of the Special Act on the Utilization of the Waterfrontan-dong (hereinafter “instant disposition”), and announced it by Article 2014-37 of the Ministry of Land, Infrastructure and Transport’s notification on the same day.

The purpose of the plaintiff is to promote public development for the entire two-stage zone of the Doan New City, which is an organization consisting of residents mainly of two-stage zones among the two-stage zones of the Doan City.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 3, 7 evidence, Eul's 3 and 7 evidence, the purport of the whole pleadings

2. Whether the lawsuit in this case is lawful

A. The defendant's defense is that the plaintiff does not develop the whole 2-stage area of the Doan New City by the public development method, it is illegal to designate only some of the project area of this case as a waterfront and develop the public development. Since most of the residents constituting the plaintiff reside in the 2-stage 2-stage Doan City, and suffered economic damage due to the disposition of this case, it is argued that there is a legal interest to seek the cancellation of the disposition of this case.

In this regard, the defendant has a legal interest to seek the cancellation of the disposition of this case.

참조조문

-친수구역 활용에 관한 특별법 제4조

유사 판례

-대전지법 2015. 3. 25. 선고 2014구합1606 판결

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