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(영문) 서울고등법원 2018.05.24 2018누34987
개발행위 허가처분 등 취소의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the modification as follows. Thus, this case shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Part 1 to 11 of the written judgment of the court of first instance on the amended part shall be as shown in the next written box.

1) The plaintiffs asserted that each of the dispositions of this case was unlawful on the grounds that the forest of this case was included in the Neighborhood Park, which is an urban planning facility, according to the decision on May 15, 2008 on the Neighborhood Park Building Building Plan (amended), and the decision on May 4, 2016 on May 4, 2016, each of the dispositions of this case was in violation of such urban management plan. Accordingly, the plaintiffs examined whether the forest of this case was included in Neighborhood Park, which is an urban planning facility, according to the aforementioned decision on each of the above park building plans (amended) at the time of each of the dispositions of this case.

A) On August 9, 2002, the Defendant abolished a road on the urban planning over the south of the instant forest, and made a public announcement for the purpose of making a decision to alter urban planning facilities (park and road), including the instant forest, on September 13, 2002, on the part of which the land and the instant forest are incorporated into a NNN Park, and publicly announced nine lots including the instant forest, as a restricted area for building permission on September 13, 2002. (B) The Seoul Special Metropolitan City Mayor announced the Defendant’s drafting as P on June 21, 2004, which increases the area of NNNN Park (hereinafter “previous disposition”), and accordingly, the Defendant made a decision to alter the urban management plan (hereinafter “the part concerning the instant forest in question”) that is to increase the area of NNN Park as seen above in the Seoul Special Metropolitan City’s public announcement on June 21, 2004.

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