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(영문) 서울행정법원 2015.07.24 2014구합69402
도시계획시설변경거부처분취소
Text

1. The Defendant’s rejection disposition of changing urban planning facilities (schools) against the Plaintiffs on September 17, 2014 is revoked.

2...

Reasons

1. On November 12, 1986, Plaintiff A purchased ownership of 2982.5 square meters (hereinafter “instant land”) and donated 1/4 shares to Plaintiff B, C, D, and F on March 11, 2002.

On January 15, 2003, pursuant to Article 30 of the former National Land Planning and Utilization Act (amended by Act No. 6841 of Dec. 30, 2002) and Article 25 of the Enforcement Decree of the same Act, the Defendant determined H to publicly notify the establishment of G elementary schools which are urban planning facilities, the instant land and the instant land of this case and the 1,047.6m265m265m2, J-gu, Seoul, and K road 4,341.5m2, 180m2, among the 4,341.5m2, 180m2, as urban planning facilities (schools) under an urban management plan. Accordingly, the Seoul Special Metropolitan City superintendent (the superintendent of education) accepted the instant land through consultation on December 8, 2003, and completed the registration of ownership transfer on the 15th of the same month.

After that, the Defendant rendered a decision on August 5, 2004 on the change of the construction plan of G elementary school to change the urban planning facilities (school) to be additionally incorporated into the school site in addition to the sum of 394.4m2m2 and 591.2m2m2m2 in Seoul Special Metropolitan City, a part of the existing school site as L on August 5, 2004, which was adjacent to L.

(2) The head of the Sung-dong District Office of Education (hereinafter “instant school site”), including the instant land, refers to “the instant school site,” and the name of the individual land is omitted and only once referred to). The head of the Sung-dong District Office of Education (hereinafter “Seoul District Office of Education”) shall grant approval for the cancellation of the establishment of a school on December 30, 201, when there is no need to establish a G elementary school any longer due to the decrease of the number of students due to the decline in the birth rate, and (2) there was no demand although investigating whether the instant school site can be used for other public projects, and (3) there was a civil petition against the head of Gwangjin-gu Office of Education on September 5, 2012 to infringe the landowner’s property rights.”

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