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(영문) 서울행정법원 2017.09.29 2016구합72136
농지보전부담금 부과처분 취소
Text

1. The plaintiff's lawsuit against the defendant Korea Rural Community Corporation shall be dismissed.

2. Defendant 2. The Minister of Agriculture, Food and Rural Affairs

Reasons

Details of the disposition

The Plaintiff is implementing the “D Public Golf Course Development Project” (hereinafter “instant project”), which is an airport development project, in Gangseo-gu Seoul Metropolitan Government House B and Seocheon-si C.

The D Facility Determination Zone in the process of the change of land category was a project that was scheduled to complete around the end of 2000 for the resolution of collective petitions against aircraft noise damage and for the safe operation of aircraft. On April 22, 1999, the head of the Defendant, the administrative agency having jurisdiction over the instant project, as part of the D Facility Decision Zone, relocated residents within the said project area and removed houses, and then reported the plan to have the Korea Airport Corporation implement the project that was created as a buffer green belt to ensure the safe operation of aircraft and prevent the spread of aircraft noise damage (hereinafter referred to as the “prior project of this case”).

On July 5, 200, the head of the Defendant permitted the Korea Airport Authority to implement the instant preceding projects, and on July 18, 200, the Seoul Regional Aviation Authority published the public notice E of the Seoul Regional Aviation Authority, “Seoul Gangseo-gu Fdong, Gdong, Hdong, Idong, Jdong, and Incheon Gyeyang-gu, Kdong, and Ldong,” as the business area, and “Seoul Metropolitan Government 14,958§³ and natural green belt 1,316,00 square meters, and one house removal type” as the business area.

Since then, on December 30, 2003, the implementation plan for the preceding business of this case was amended to the Seoul Regional Aviation Service M, the Seoul Regional Aviation Service M, the N on March 26, 2004, and the O on February 23, 2006, respectively, and the content of the business was changed to the P on February 5, 2008, the Seoul Regional Aviation Service published as the P on February 5, 2008.

On the other hand, on July 1, 2005, the head of Gangseo-gu Seoul Metropolitan Government Office shall enter Q land (Attached No. 65 per annum) and R land (Attached No. 74 per annum) in the previous project site in this case to the head of Gangseo-gu Seoul Metropolitan Government.

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