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(영문) 대구지방법원 2015.06.16 2014구합2593
도시계획시설(화장시설,도로)사업 실시계획인가고시 취소
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. On May 16, 2012, Gumi-si (hereinafter “instant F”) published a public announcement for open recruitment of the site of Gumi-si (hereinafter “Gumi-si”), and the main contents are as follows.

3. Qualification requirements: An individual, organization, resident representative, etc. who has obtained the consent of at least 80% of the head of a residential household on the resident registration of a village (the unit of a Ri, the unit of a natural village, and the unit of natural village) applying for a candidate

5. Criteria for the selection of locations: ① the ratio of consent of residents (the ratio of consent of the residents in the application area), ② accessibility (location and surrounding transport networks), ③ economic feasibility (averagely announced land price, obstacles, etc. of candidate sites), ④ restrictions under Acts and subordinate statutes and promotions (limited matters under various Acts and subordinate statutes), ⑤ peripheral environment (subject topographical and adjacent living factors), ⑤ civil petition elements (collective civil petition elements, external distance in the opposite land), 66, 7, stability (scalability of expansion of the site), 8, 9) and other detailed matters concerning the selection of locations for business.

7. A plan to support the regional development (the local development).

(a) Village to select the amount of support: 5 billion won (resident accommodation, convenience, and profit-making business): 10 billion won (resident support fund);

(b) Methods of support: Annual support on the basis of the order of priority after establishing a comprehensive development plan;

(c) Final candidate village: Equal support by village within a total of KRW 200 million;

8. Required documents: An application for attraction, village minutes, written consent from residents, written consent to use by lot number of candidates, written consent to use by landowners, written consent to use by the head of an Eup/Myeon/Dong, land cadastre, location map, and an application for a project for accommodation of residents.

9. Considerations at the time of application;

(a) all received documents are not returned, and if any false information is found later, the selection of the candidate can be cancelled;

(b) Areas that conflict with Article 17 of the Act on Funeral Services, Etc. (excluding areas subject to water-source protection, cultural heritage protection zones, natural environment conservation areas, military protection areas, restricted areas under the National Land Planning and Utilization Act, etc.);

(b) H-established Attraction Committee.

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