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(영문) 수원지방법원 2019.11.28 2019구합65802
훼손지정비사업관리계획 거부처분 취소
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Each of the lands (hereinafter “each of the instant lands”) indicated below [Attachment] located in the area of 1,593 square meters of L farm site and its neighboring areas in Nam-si, Chungcheongnam-si is owned by the Plaintiffs, etc. as indicated below [Attachment].

[ table] The co-ownership share of Plaintiff A, B, C, H, I, J, and the network M died on January 7, 2019 in the non-existent land ownership relation (based on January 2019) and 1Hanam-si, B, C, C, H, I, J, and the network M, and the share of ownership is owned by Plaintiff D and N,O, P, the heir of which is the Plaintiff, and the heir of the heir, the heir of whom is the Plaintiff A, B, C, E, F, G, H, H, and H, and H, the share of the land for R farm land A, B, C, C, F, H, H, and M network of 2,701 square meters in the land for R farm land A, C, C, C, 2,01 square meters in the land for Q farm at 2Hanam-si, 4Hanam-si, the share of Plaintiff B, E, G, and H.

B. On May 25, 2018, Plaintiff A, B, C, and network M (hereinafter “Plaintiff A, etc.”) prepared and submitted a “(tentative name) U Improvement Project Plan” on behalf of the owners of the land (hereinafter “instant improvement project”) on behalf of the owners of the said land, with respect to the land of the size of 16,474 square meters outside T and 26 square meters, both T and 26 square meters, including each of the instant land.

After July 9, 2018, and the same year, Plaintiff A, etc.

9. 3.3., on November 30, 11.3, 12.19., and January 17, 2019, the project outlines are as follows, among the contents of the improvement project plan submitted as above, including the application for modification or supplement of the improvement project plan. The project outlines are as follows.

In order to systematically improve damaged facilities that need to be changed to a facility related to animals and plants, such as livestock pens, installed before March 30, 2016 in the background and purpose development restriction zone and to legally obtain permission, and to systematically improve damaged facilities that need to be used by changing it to a logistics warehouse, etc., it is legitimate to introduce a temporary damaged area until December 31, 2020 to build infrastructure such as parks and greenbelts and roads in the form of public leisure of land in the improvement project zone.

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