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1. Revocation of the first instance judgment.
2. The Defendant, on February 22, 2017, cancelled the determination of urban planning facilities that were not yet implemented by the Plaintiff.
Reasons
1. The reasoning of the judgment on the grounds of the disposition, the relevant statutes, the determination on the defense prior to the merits of the case, and the reasoning of the judgment by the court concerning this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance, and thus, it shall be cited pursuant to Article 8(2) of the Administrative Litigation
2. Article 48(1) of the National Land Planning and Utilization Act provides that “Where an urban planning facility project with respect to installation of an urban planning facility is not implemented until 20 years have passed from the date on which the determination of the urban planning facility is publicly notified, the determination of the urban planning facility shall lose its effect on the day following the 20th anniversary from the date of such public notification,” and Article 16(1) of the Addenda (Law No. 6655, Feb. 4, 2002) provides that “The initial date of the date on which the determination and public notice as to the invalidation of the determination of the urban planning facility, which is an urban planning facility determined and publicly notified under the previous Urban Planning Act at the time this Act enters into force, and which is determined and publicly notified before July 1, 200, shall be July 1, 200.”
Meanwhile, Article 48-2 (1) of the same Act provides that "where an urban planning facility project to install the relevant urban planning facility has not been implemented within 10 years from the date of announcement of the determination of an urban planning facility, and no implementation plan exists by the time of the invalidation of the relevant urban planning facility in accordance with the phased implementation plan under Article 85 (1), any land owner who is a site for the relevant urban planning facility may file an application with the authority to formulate an urban management plan to formulate the relevant urban planning plan to cancel the determination of urban planning facilities, as prescribed by Presidential Decree." Article 85 (1) provides that "Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing City Mayor