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(영문) 대법원 2018.10.12 2015두50382
도시관리계획(체육시설) 폐지결정 취소청구
Text

All appeals are dismissed.

Of the costs of appeal, the costs of appeal are assessed against the Intervenor.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1 and 2

(a) An administrative plan means an activity criteria or an act establishing such criteria, by comprehensively coordinating administrative means based on professional and technical judgments related to administration to achieve a specific administrative objective, to realize order at a certain point in the future;

The administrative body has a relatively wide range of freedom to form when formulating and determining specific administrative plans.

However, the freedom of formation of an administrative body cannot be deemed unlimited, and there is a limitation that an administrative plan should be fairly compared not only between the public interest and private interest but also between the public interest and private interest. Thus, in a case where the administrative body, when formulating and determining the administrative plan, failed to implement the profit balancing at all, omitted matters to be included in the subject of consideration of the profit balancing, or lacks legitimacy and objectivity, the decision of the administrative plan can be deemed unlawful due to the defect in the profit balancing.

(See Supreme Court Decision 2010Du21464 Decided February 24, 201, and Supreme Court Decision 2012Du2467 Decided July 10, 2014, etc.). Such a legal doctrine not only applies to cases where an administrative body decides whether to accept a proposal for formulating an urban management plan by residents, etc. but also to decide whether to approve a proposal for formulating an urban management plan by residents, etc. (see, e.g., Supreme Court Decision 2009Du21499, Mar. 25, 2010), but also applies to cases where a decision is made whether to modify or abolish the determination of an existing urban management plan

At this time, all circumstances such as the trust interest in the decision of the previous urban management plan held by the drafting proposer, etc. or the decision of the previous urban management plan are not considered properly.

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