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(영문) 대법원 2013.03.14 2011두16605
도시관리계획시설 결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. First point: An administrative plan including a misunderstanding of legal principles as to the balancing of interests in the determination of urban planning facilities is set as an activity criteria to realize order at a certain point in the future by comprehensively coordinating the administrative means related to each other in order to achieve a specific administrative objective such as construction, improvement, etc. of urban areas based on a professional and technical judgment regarding the administration. Since the relevant laws and regulations only provide an abstract administrative objective and procedure, and do not provide any specific provision regarding the contents of the administrative plan, the administrative agency has a relatively wide range of freedom in formulating and determining a specific administrative plan. However, the freedom of such formation, which the administrative agency has, is limited not only between the public interest and private interest but also between the public interest and private interest. Thus, if the administrative agency fails to provide a balance of interests in drafting and determining the administrative plan, or where the administrative agency fails to include the matters that should be considered in the balance of interests, but also lacks legitimacy and objectivity, the administrative plan decision is unlawful.

(2) In light of the aforementioned legal principles, the lower court did not err by misapprehending the legal doctrine regarding the determination of the instant urban management planning that included the instant land in a landscape plaza site, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.

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