The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The following facts can be acknowledged in light of the following facts: there is no dispute between the parties, or the whole purport of the pleadings in each of the evidence No. 1 to No. 4.

On August 20, 1974, the Plaintiff is an owner of D. 15.8 square meters (hereinafter “the instant land”) included in C’s route as a small area determined as urban planning facilities as a public notice of Busan City on August 20, 1974.

B. On October 14, 2019, the Plaintiff requested the Defendant to purchase the instant land pursuant to Article 47 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 41 of the Enforcement Decree of the same Act on the grounds that the urban management planning facility project for C was not implemented within 10 years from the date of public announcement of the decision.

C. On December 25, 2019, the Defendant publicly announced a decision to abolish the urban management plan (road) regarding C by the lawsuit to which the instant land was incorporated (hereinafter “instant public notice”), and on December 27, 2019, the Defendant notified the Plaintiff that it is impossible to purchase the instant land because the urban management plan was abolished in accordance with the instant public notice.

(hereinafter referred to as the Disposition in this case) 2. Judgment

A. The summary of the Plaintiff’s assertion (1) The notice of this case is unlawful for the following reasons, and thus should be revoked.

(A) The Defendant abolished an urban management plan regarding C by litigation without fulfilling the duty to publicly announce the implementation plan by phase under Article 85 of the National Land Planning and Utilization Act.

(B) The Defendant did not undergo the procedures for hearing opinions of residents and local councils in making a decision on the change of the main line road pursuant to Article 28(5) of the National Land Planning and Utilization Act.

(C) In a lawsuit, the urban management planning facility project for C was already executed, but only the compensation for the instant land remains omitted, but the Defendant made the instant public notice in order not to compensate the Plaintiff, and only the road set up on the route C by lawsuit.