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(영문) 춘천지방법원 2014.07.25 2013구합1803
사업자지정처분 무효 확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. Based on Article 30 of the former National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 2011; hereinafter “former National Land Planning Act”), the Governor of Gangwon-do rendered a decision on the Hongcheon Management Plan (hereinafter “decision on the instant management plan”) to create I, who is a golf course, in the Gangwon H Day (hereinafter “instant project implementation district”).

B. On October 20, 2010, the Defendant approved a topographical map on the instant project site district pursuant to Article 32 of the former National Land Planning Act, and publicly notified this as Hongcheon-gun published D.

(hereinafter referred to as "the approval of the topographic map of this case". (c)

On November 30, 2010, the Defendant, who was delegated with the authority by the Governor of Gangwon-do, designated the F as the implementer of the above Hongcheon Urban Planning Facility (sports facilities: golf courses and traffic facilities: roads) development project (hereinafter referred to as the “instant project implementer designation disposition”), and announced it as the notification E of Hongcheon-gun.

The Defendant, while taking the instant disposition designating the project executor, owned not less than 2/3 of the total area (excluding State-owned and public land) of the instant project site, not less than 1,685,663 square meters, and determined that F met the requirements prescribed in Article 96(2) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning Act”).

On June 23, 2011, pursuant to Articles 88 and 91 of the former National Land Planning and Utilization Act, the Defendant approved the implementation plan of the I development project to build a golf course and road as follows (hereinafter “instant project”) in the instant project site district, and publicly notified this as Hongcheon-gun G.

(hereinafter referred to as “instant implementation plan approval disposition”). (1) Types and names of projects - Types of projects: Hongcheon Urban Planning Facility (sports facilities: golf courses, traffic facilities: roads), - Name: I development project.

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