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(영문) 수원지방법원 2020.11.19 2020구합726
도로결정 무효확인의 소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. On October 1, 2004, the Sungnam Mayor filed an application for approval of the decision of the Sungnam Urban Management Planning (Modification) with the Defendant on the following content:

GF F

B. Accordingly, on June 27, 2005, the Defendant determined and publicly announced the Sungnam Urban Management Planning (F Area cancellation, alteration of specific use area, district unit planning zone, and plan) as H and I of Gyeonggi-do’s notice.

(hereinafter referred to as “instant urban management planning decision”). The Sungnam City announced a topographical map on the instant urban management planning decision by the J of Sungnam-si on the same day.

C. According to the instant urban management planning decision, E (hereinafter “instant road”) was modified as follows.

Accordingly, the 31m2 and 37m2 owned by the Plaintiff (hereinafter collectively referred to as “each of the instant lands”) was incorporated into the instant road in Seongbuk-gu, Sungnam-si, Sungnam-si, and the 41m2 owned by the Plaintiff (hereinafter referred to as “the instant land”).

E K M LNE NO P

D. On March 21, 2019, the head of Sung-nam Si’s Si/Gun/Gu perused and publicly announced a compensation plan in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects with respect to each of the instant land, etc. incorporated into the G Community District Improvement Corporation

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6, 8, Eul evidence 4 and 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the event of the construction of the road of this case, the major point of the plaintiffs' assertion is that the risk of accidents is high due to the suspension of land, etc., and the plaintiffs' property damage is high

This is contrary to the contents of the transportation plan among the 18 Gi-si Class I district unit planning for the FF zone in Seongbuk-gu.

In addition, the roads currently used by the plaintiffs are more wide than the roads of this case where the plaintiffs intend to newly build the roads, and the roads of this case are adjacent to the plaintiffs' land, and there is no need to use them at all.

Therefore, each of the instant lands is subject to the instant urban management planning decision.

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