Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
The reasoning of the court's explanation of this case is as stated in the part of the judgment of the court of first instance, except for adding the judgment under Paragraph (2) below, and therefore, it shall be accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
The defendant's decision of the urban management planning is a disposition that restricts the plaintiff's rights and interests, and the defendant notified the plaintiff of the contents of the urban management plan and legal grounds in accordance with the Administrative Procedures Act, and did not implement the decision despite giving an opportunity to state opinions
When the defendant intends to hear the opinions of residents on the formulation of an urban management plan in accordance with Article 28(1) and (4) of the National Land Planning and Utilization Act, Article 22(2) of the Enforcement Decree of the same Act, and Article 7 of the Urban Planning Ordinance of the Seoul Metropolitan Government, he/she shall make a public announcement of the main contents thereof
In order to formulate an urban management plan by delegation of authority from the Mayor of Seoul Special Metropolitan City, the defendant did not implement the opinion of the B Council pursuant to Article 28 (5) of the National Land Planning Act and Article 22 (7) of the Enforcement Decree of the same Act.
Comprehensively taking account of the overall purport of pleadings as to whether the Defendant omitted prior notice, etc., Gap evidence Nos. 13 and Eul evidence Nos. 7 and 9 (including paper numbers), the Defendant: (a) specified the perusal period on November 3, 2016 as 14 days and publicly announced the draft of the relevant urban management plan; and (b) requested the Plaintiff to keep the relevant books and details in the Gu office’s urban planning and submit written opinions within the perusal period; and (c) the Plaintiff and the lessee submitted a dissenting opinion to the Defendant regarding the draft of the relevant urban management plan on November 14, 2016; and (d) it is recognized that the Defendant notified the Plaintiff of the results of reviewing the Dissenting Opinion on December 7, 2016.
According to the above facts of recognition, the defendant.