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(영문) 서울행정법원 2018.07.12 2017구합85399
지구계획 변경승인 무효확인의 소
Text

1. The plaintiffs' primary claims are dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiffs: (a) divided the instant parcel into H 5,741 square meters of H 5,741 square meters of H 5,741 square meters of land (2,470 square meters of H 2,470 square meters of forests and fields and E 3,271 square meters of forest land on December 20, 2010; hereinafter the same shall apply); (b) 6,641 square meters of forest and fields (I 4,92 square meters of forest and fields and J 1,649 square meters of forest and fields on December 21, 2010; (c) divided the said parcel into “I before the division”; and (d) the said parcel into “I land” and “J 3,271 square meters of forest and field”; and (d) 3,852 square meters of forest and field (hereinafter referred to as “H 3,271 square meters of forest and field”; and (e) each of the said parcels was divided into “B 1,251 square meters of forest and forest and land”.

B. On May 26, 2010, pursuant to Article 6 of the Special Act on the Construction of Bogeumjari Housing, etc., the Defendant designated and publicly announced the 1,708,000 square meters of Ma-dong and Ndong as D Bogeumjari Housing District, and publicly announced by the Ministry of Land, Transport and Maritime Affairs.

O. It was later converted into a public housing zone under a special Act on the Construction of Public Housing.

hereinafter referred to as “instant district”

(C) On November 15, 2010, the instant district was included in E land, J land, and L land. The Defendant changed the designation of the instant district (j) and the district plan (hereinafter “instant district plan”) with the content that the size of the instant district would be decreased.

(F) The approval and publication of the topographical map was made and the topographic map was publicly announced by the Ministry of Land, Transport and Maritime Affairs (F). According to the instant district plan, part of the E land, J land, and L land is designated as a landscape green belt. The instant district plan was modified on October 14, 2014 and December 28, 2016 (the amended district plan on December 28, 2016) respectively (hereinafter “instant amendment plan”).

However, there was almost no change in the part designated as a landscape green belt (round October 14, 2014, one parcel was added to a landscape green belt, and the area increased by 79 square meters. On December 28, 2016, the landscape green belt area decreased by 33 square meters.

(d). d.

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