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(영문) 울산지방법원 2018.04.05 2017구합6659
도시관리계획결정 등 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant established the instant urban management plan on January 4, 2017, in order to establish the Gyeyang-si Urban Management Planning (traffic facilities: roads; hereinafter “instant urban management plan”) with the content of constructing roads at C Day, and publicly announce it in daily newspapers, etc. around January 4, 2017 in order to hear residents’ opinions.

B. According to the instant urban management plan, the Plaintiff’s opinion hearing procedure with respect to the Plaintiff is as follows: (a) the land owned by the Plaintiff on a road site planned to be newly established (73 square meters in Gyeyang-si, 319 square meters in total; (b) 73 square meters in total; (c) 64 square meters in total; (d) 135 square meters in total; (e) F.g. 136 square meters in total; (e) 19 square meters in G large scale 742 square meters in size; and (e)

(2) On January 18, 2017, the Defendant sent a written notice to the Plaintiff to submit the Plaintiff’s opinion as to the instant urban management plan. (2) On January 18, 2017, the Plaintiff: (a) inclusion of the instant incorporated land into the new road in Yangsan City, which is not the land subject to the instant incorporated land, into the new road; (b) even though the Plaintiff had already been incorporated into the road while expanding the national road around 1980, it did not properly compensate the Plaintiff, the land owner; and (c) around 1980, the instant urban management plan submitted a written opinion to the effect that the inclusion of the land on the national road that was not incorporated into the national road expansion project would result in the discrimination against the Plaintiff.

3. On February 4, 2017, the Defendant: (a) the Plaintiff on February 4, 2017; (b) it is difficult to obtain permission to occupy and use the first land in Gyeyang-si; (c) the civil petition due to the removal of an existing building is expected to be a commercial area; (d) compensation is high; (b) the passage between the sub-sections adjacent to the national highways is interrupted by the interruption of traffic between the sub-sections of the national highways and traffic safety accidents; (d) the traffic distance is likely to be increased due to simple bypassion; and (e) the passage of the national highways

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