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(영문) 의정부지방법원 2015.11.03 2015구합7017
도시관리계획결정취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s notification to the Namyang-si on October 6, 2014 was made C.

Reasons

1. Basic facts

A. According to the decision of the urban management planning facilities (the intermediate waste disposal facilities) publicly notified as D/D on March 6, 1998, the Plaintiff installed the intermediate waste disposal facilities and run the intermediate waste disposal business in Yangyang-si E (hereinafter “instant land”).

B. On October 6, 2014, the Defendant rendered a decision on the C Urban Management Plan (Change of district unit planning zone and district unit planning) as well as publicly announced the topographic map.

(hereinafter “instant urban management planning decision”). C.

According to the decision of the instant urban management plan, the waste disposal facilities (area 5,804 square meters) of the instant land shall be abolished according to the establishment of the C district unit planning.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion

A. Procedure 1) Since the Plaintiff installed waste disposal facilities on the instant land in accordance with the urban management plan publicly notified on March 6, 1998, the Plaintiff is running the intermediate disposal business of construction waste in the instant land until now. Therefore, the Plaintiff’s National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Article 28(1) and the Ordinance on Urban Planning in Namyang-si (hereinafter referred to as the “Ordinance”).

A) Pursuant to Article 7(2), prior to the determination of the instant urban management plan, the Plaintiff, an interested party, must be notified of the hearing of opinions. Nevertheless, the Defendant, without notifying the Plaintiff, did so. (2) According to Article 28(5) of the National Land Planning and Utilization Act, Article 22(7)3(n) of the Enforcement Decree of the National Land Planning and Utilization Act, and Article 8-1-3(2) of the Guidelines for the Establishment of Urban Planning and Utilization Plans, to formulate and determine an urban management plan that disposes of waste disposal facilities

However, the defendant makes a decision on the urban management planning of this case.

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