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(영문) 광주지방법원 2019.01.17 2018구합10644
군계획시설사업 실시계획무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On November 6, 2014, the Defendant, on the part of the Intervenor joining the Defendant, approved the implementation plan for the Do Urban Planning Facility Project (EM) project (EM) (hereinafter “instant amusement park project”) (hereinafter “instant first implementation plan”) and publicly notified (hereinafter “instant first implementation plan”) with regard to the Defendant’s Intervenor’s “the location and size: 156,984 square meters of all members of Ydo C, and the type of business: The Do Urban Planning Facility Project (EM), the name of the business: D amusement park development project, the project implementer: the Defendant’s Intervenor’s Intervenor’s supplementary project period, and the project implementer: from November 6, 2014 to June 30, 2016.

B. On November 5, 2015, the Defendant decided to modify (a minor modification) an Gun management plan with respect to the Defendant’s Intervenor’s supplementary intervenor’s partial revision of the amusement park development plan, and publicly notified the amendment (hereinafter “instant disposition”). On the same day, the Defendant approved the implementation plan for the Gun planning facility ( amusement park) project (a modification) with the content of the initial implementation plan’s revision of the project area among the details of the initial implementation plan’s authorization, and publicly notified the authorization (hereinafter “authorization of the instant implementation plan”) (hereinafter “instant authorization”), “the Gun management plan as of November 5, 2015,” and “authorization of the implementation plan as of November 5, 2015”).

C. On August 11, 2016, the Defendant: (a) revised a complete urban management plan (determination on a plan to create amusement parks; hereinafter “the management plan as of August 11, 2016”); and (b) announced the amendment; and (c) on September 8, 2016, the Defendant’s supplementary participant reflected the foregoing in the Defendant’s project period in the extension of the project period (from June 30, 2016 to June 30, 2018), and publicly announced the authorization of an implementation plan for the facilities project ( amusement park) (the implementation plan as of September 8, 2016) (hereinafter “authorization of the implementation plan”).

After that, on January 17, 2018, the defendant announced a compensation plan and public inspection of the land, etc. to be incorporated in the business of the amusement park in this case.

E. Meanwhile, on the other hand.

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