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(영문) 의정부지방법원 2018.05.01 2017구합11591
도시관리계획결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On June 2, 1998, the Plaintiff obtained a construction waste intermediate disposal business license from the Defendant on June 2, 1998 in accordance with the Urban Management Plan (Public Notice D of Gyeonggi-do), and installed a waste intermediate disposal facility (hereinafter “instant waste disposal facility”) in Namyang-si E (hereinafter “instant land”) in Namyang-si, Namyang-si, and operated a construction waste intermediate disposal business until now.

On October 6, 2014, the Defendant, who closed waste disposal facilities following the establishment of a district unit planning of a zone of 5,804 square meters (area reduction - KRW 5,804 square meters) on the ground of change of the name of the relevant facility (building disposal facilities) - the closure of the instant waste disposal facilities (area-specific use area, district unit planning zone, district unit planning zone) and publicly announced the topographical map (F public notification of the Nam-si Si and hereinafter referred to as “determination

The contents of the instant waste disposal facility are as follows. On the other hand, the Plaintiff filed an appeal against the Defendant primarily seeking the revocation of the determination of the prior urban management planning and the revocation of the determination of the waste disposal facilities among the determination of the prior urban management planning (Seoul District Court Decision 2015Guhap7017). On November 3, 2015, the said court rendered a judgment accepting the conjunctive claim on the ground that there was procedural defect in the procedure for the Defendant’s failure to notify the Plaintiff of the hearing of opinions, and the said judgment became final and conclusive around that time (hereinafter “the final and conclusive judgment of this case”).

(2) On September 8, 2016, according to the instant final judgment, the Defendant decided to maintain the instant waste disposal facility as originally in accordance with the final judgment of the instant case (i.e., the G Public Notice at Yangyang-si; hereinafter “Post-Management Planning Decision”).

Then, on October 13, 2016, the Defendant proposed an amendment to an urban management plan to abolish the instant waste disposal facilities.

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