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(영문) 춘천지방법원 2016.11.25 2016구합50363
도시계획시설사업 사업시행자 지정 및 실시계획인가 처분 무효확인 등
Text

1. Each of the plaintiffs' primary claims is dismissed.

2. Each of the plaintiffs' conjunctive claims is dismissed.

3.

Reasons

1. Basic facts

A. The Plaintiff A is the owner of 348 square meters in Chuncheon-si, Chuncheon-si, and the Plaintiff B is the co-owner of 1/2 shares of 183 square meters in F, Chuncheon-si (hereinafter “each of the above lands”).

B. In accordance with the relevant provisions of the former Urban Planning Act (amended by Act No. 2435 of Dec. 30, 1972 and repealed by Article 2 of the Addenda to the National Land Planning and Utilization Act (Act No. 6655 of Feb. 4, 2002; hereinafter the same) which was enforced as of April 19, 197, the Governor of Gangwon-do determined and publicly announced an urban planning with a content that newly establishes an Ioooo Park in the Hacheon-si, Cheongcheon-si, Gangwon-do. On July 26, 1984, the Governor of Gangwon-do determined and announced an urban planning with regard to the establishment of the Ioocheon-si, Gyeongcheon-si and Jo Park) and the decision for modification

C. On August 8, 2014, the Defendant publicly announced the designation of a project operator (Sacheon City) and the authorization of an implementation plan with respect to the project site of 348,704 square meters in one phase in relation to the I amusement Park development project (hereinafter “instant project”).

On April 10, 2015, the Defendant issued a public notice of inspection and publication under Article 90 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 99 of the Enforcement Decree of the same Act, and on July 31, 2015, the Defendant issued a public notice of the designation of the project implementer and the authorization of the implementation plan (hereinafter “instant authorization disposition”) with respect to the project site of 550,968 square meters in the project site as the public notice C in Chuncheon City, stating the following:

(1) Location of the place of project site: Kwon in Chuncheon-si in Gangwon-do.

(a) Kind: The business of the Chuncheon urban planning facilities;

(b) Name: Name and address of the executor of the I amusement park development project (stage 2);

(a) Name: Chuncheon market; and

(b) Address: 11 viewing paths in Chuncheon;

E. On September 25, 2015, the Defendant, after undergoing the inspection and publication procedures under the National Land Planning Act, and on October 16, 2015, issued a public notice of the whole phase 1 and 2 public notice including the instant authorization disposition, the Defendant’s name is not more than L Co., Ltd.

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