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(영문) 수원지방법원 2014.10.08 2013구합13984
도시관리계획해제
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. On March 3, 2000, the instant land was determined as a traffic plaza, which is an urban planning facility, as an urban planning facility, by the Gyeonggi-do public notice around March 3, 200 (hereinafter “the instant initial decision”), and thereafter was changed to a landscape green belt, which is an urban planning facility, by the determination of the urban management planning of Pyeongtaek-si on December 29, 2009 (Public Notice B of Pyeongtaek-si).

(hereinafter “instant modified determination”). B.

The Plaintiff purchased the instant land through the auction procedure and completed the registration of ownership transfer on August 29, 2012, and thereafter owns it until now.

C. On January 25, 2013, the Plaintiff filed a claim with the Defendant for the disclosure of information regarding the balancing data, which serves as the basis for the instant decision on modification. On February 5, 2013, the Defendant did not provide for the Plaintiff to compare the balancing between the interests between the public and private interests in the formulation of the relevant urban management plan (financial expenses) and the guidelines for the formulation of the urban management plan, etc. on the Plaintiff on February 5, 2013, and did not include the comparative contents between the public and private interests regarding the individual facilities in the urban management plan renewal report, etc., and thus, the non-existence of information was notified.

On February 6, 2013, the Plaintiff filed an application with the Defendant for cancellation on February 6, 2013 and the Defendant’s refusal disposition on February 13, 2013, the Plaintiff filed an application with the Defendant for cancellation of the instant alteration on February 6, 2013. (2) As to this, the Defendant around February 13, 2013, considered the current status of the surrounding areas of the instant land at the intersection between the Plaintiff and the 3rd (25 m-30m) and the 25 m as of February 13, 2013, and considered the surrounding areas of the relevant land, there are roads and neighboring houses, such as preserving the landscape and natural environment of urban area, blocking the pollution, such as exhaust gas, noise, vibration, etc., generated at surrounding facilities, such as roads.

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