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(영문) 의정부지방법원 2017.07.13 2016구합716
출입시설 설치공사 금지
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff’s corporate body is a corporation with the objective of the prosperity and development of the Q market located in the Gu government. Plaintiff F is the representative of Plaintiff’s corporate body and the merchant operating the commercial building in Q market. Plaintiff D, E in R, and Plaintiff G is the merchant operating each commercial building in the Gu government-si SP market located in the Gu government.

B. On August 29, 2014, the Defendant decided an urban management plan related to the instant project as V, which was announced by the Government at the time of the Government, to promote the project for installing the Neng River Access Facility (hereinafter “instant project”), which is to connect the elevator and Escopter with the square including T Ilwon Underground and the ground road (hereinafter “instant plaza”). The Defendant announced the topographic map.

C. On April 15, 2016, the Defendant, based on the result of the working design service, determined an urban management plan that included details, such as the increase of the size of underground roads on which the elevator and escalator are installed, in accordance with the instant project, and publicly announced the topographic map.

On the same day, the defendant designated the defendant as the project implementer of the project of this case according to W, which was announced at the time of the Government, and approved and notified the implementation plan.

In order to enhance accessibility to Qu market, C market, etc., the Defendant decided to change the structure of Sgorater to c 'c' type from the date type to the 'c' type. On October 7, 2016, the Defendant determined an urban management plan including the above contents as 'C' type I, announced a topographic map, and announced the topographic map. On the same day, the Defendant approved and announced the implementation plan reflecting the above changed contents to J at the time of the Government's announcement.

E. As such, as the structure of the escalator changes, the width of the business section increases, it is likely that the walking route around the entrance of the elevator and escalators is reduced, and it is difficult for them to pass through, and the said entrance is installed.

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