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(영문) 대구지방법원 2018.10.30 2018구합21400
도시계획시설 조성계획결정무효 확인등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land indicated in the attached Table 1 List (hereinafter “instant land”).

B. On February 12, 1987, the Minister of Construction and Transportation (former Minister of Land, Infrastructure and Transport) made a public announcement of the Construction Division B (hereinafter “Determination of Urban Planning as of February 12, 1987”) on the following matters, and published it in the Official Gazette. A copy of modified books was kept in the Gyeongbuk-do Office, the Gyeong-do Office and each Dong office, and made it available to the public.

The Plaintiff’s land is located in the park area in the urban planning area, according to the 14 F Park G workers’ G workers’ G workers’ G workers’ G workers’ - (No. 35,000 35,000 - after changing the area of a sectional number park’s name park.

C. On May 29, 199, the Defendant made a decision to create the former urban planning facilities (Fpark) in accordance with Article 4 of the former Urban Park and Green Areas Act (amended by Act No. 6246 of Jan. 28, 2000; hereinafter “former Urban Planning Act”) and Article 12 of the former Urban Planning Act (amended by Act No. 4175 of Dec. 30, 1989; hereinafter “former Urban Planning Act”), and publicly announced the plan to create the urban planning facilities (Fpark), and kept the books on which the plan to create the urban planning facilities was decided in the Gu-Si and the public perusal.

On May 25, 200, the Plaintiff filed a civil petition for grievance with the National Ombudsman on the ground that “the Defendant determined facilities without any notification from the Plaintiff during the process of drafting and determining the said F Park, and the instant land is integrated into a natural green belt from 30 years ago, thereby infringing on property rights. As a Do park exists adjacent to the said park, and a HN Park is created in close vicinity, the Plaintiff filed a civil petition for grievance with the National Ombudsman on the ground that “the Defendant removed and changed the said facilities.”

On July 5, 2000, the National Ombudsman is connected with the FF Park.

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