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(영문) 서울행정법원 2020.09.10 2018구합77128
도시계획시설결정 등의 처분취소
Text

1. All of the plaintiffs' conjunctive claims are dismissed.

2. The plaintiffs' primary claims.

Reasons

1. Details of the disposition;

A. The Plaintiffs are co-owners of 3,692 square meters, 1122 square meters, G forest land 4,898 square meters, and H forest land 548 square meters (hereinafter “each of the instant lands”) before Gangnam-gu Seoul Metropolitan Government E.

In around 2018, among each of the instant lands, E was designated as a development-restricted area with a size of 3,692 square meters and G forest 4,898 square meters, and the former F was designated as an amusement park under Article 2 subparag. 6 (b) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

B. On February 22, 2018, the Defendant determined “I” development project (hereinafter “the instant project”) as an urban planning facility (park) on the following grounds: (a) in consideration of the land incorporated into an urban planning facility (park) upon the determination of the said urban planning facility (park), the Defendant discarded the content of “urban planning facility (park, park, amusement park, park),” including F 1,122 square meters, in which the area of urban planning facility (park), 124,393 square meters, among each land of the instant case, is reduced to 121,686 square meters; and (b) on the ground that there is no need to maintain the general road (class small area, 10 meters, function division, extension 160 meters, hereinafter “instant road”) leading from K to F as a road (hereinafter “public announcement”).

(hereinafter “instant disposition”). The notice of this case contains the following descriptions:

1. The purpose of determination is to newly build urban planning facilities in order to create tourism infrastructure by utilizing L parks and surrounding cultural resources in the Mdong and to determine the alteration for urban planning facilities in the business area;

(zb) Urban planning facilities (parks, amusement parks, roads), and topographic drawings;

(a) After changing the type and location of facilities for facilities that are classified into urban planning facilities (parks) and the first day of the determination of the type of facilities, the number of which has been changed, the changed amusement park cultural park E-Japanese in Gangseo-gu, 11.

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