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(영문) 춘천지방법원 2016.07.22 2014구합5017
수용재결무효확인 등
Text

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

2...

Reasons

1. Basic facts

A. On September 30, 2010, the Governor of Gangwon-do rendered a decision on the Redcheon Management Plan (hereinafter “decision on the instant management plan”) to newly build golf courses and roads as urban planning facilities (sports facilities: golf courses and transportation facilities: roads) pursuant to Article 30 of the former National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 201; hereinafter “former National Land Planning Act”), and publicly notify them as E-public notice of Gangwon-do.

B. On October 20, 2010, the Hongcheon-gun approved the topographic map of the instant project site district pursuant to Article 32 of the former National Land Planning and Utilization Act, and publicly notified this as Hongcheon-gun published.

(hereinafter referred to as "the approval of the topographic map of this case". (c)

On November 30, 2010, the head of Hongcheon-do delegated his/her authority by the Governor of Hongcheon-do (hereinafter referred to as the “Defendant Company”) was designated as the implementer of the Redcheon-Gun Planning Facility (sports facilities: golf courses and traffic facilities): and publicly notified as the G publicly notified by Hongcheon-gun as the implementer of the instant project (hereinafter referred to as the “instant project implementer designation disposition”).

The Defendant Company owned at least 2/30 of the total area of the instant project site (excluding State-owned and public land) 1,685,663 square meters and at least 1,239,951 square meters among the total area of the instant project site, and determined that the Defendant Company met the requirements prescribed in Article 96(2) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning Act”).

On June 23, 2011, pursuant to Articles 88 and 91 of the former National Land Planning and Utilization Act, the Hongcheon-gun approved the implementation plan for H development projects (hereinafter “instant project”) that build a golf course and road as follows to the project site district in the instant case, and the Hongcheon-gun published I.

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