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(영문) 광주고등법원 2019.10.10 2019누10466
군계획시설사업 실시계획무효확인
Text

1. Revocation of the first instance judgment.

2. Amendment to the Management Plan on November 5, 2015, among the instant cattle, is insignificant.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”).

B. On November 6, 2014, the Defendant: (a) granted to the Intervenor joining the Defendant the Defendant authorization for an implementation plan for complete urban planning facility projects ( amusement park projects) (hereinafter “instant amusement park projects”) (hereinafter “instant amusement park projects”) including the location and size of the area: 156,984 square meters, the type of the business: Do Urban Planning Facility projects ( amusement park projects), the name of the business: D amusement park development projects, the project implementer: the Intervenor joining the Defendant: the Defendant, from November 6, 2014 to June 30, 2016; and (b) publicly notified the implementation plan (hereinafter “the instant amusement park project”); and (c) the instant amusement park projects are incorporated as the instant real estate.

C. On November 5, 2015, the Defendant: (a) on April 27, 2010, on the ground that there was a minor cause to modify an existing management plan for complete urban management, which was determined to be changed to H by the Notice G and the Notification of Donam-do (hereinafter “existing management plan”); and (b) on November 5, 2015, the part of the total floor area of the facility was altered by the partial revision of the area of the facility in the amusement park due to the partial revision of the existing management plan.

(A) On the same day, the Defendant made a public announcement (i.e., the first amended management plan on November 5, 2015; hereinafter “the first amended management plan on November 5, 2015”) regarding the content of the first amended management plan, “as to a sports facility, KRW 838 square meters, KRW 53 square meters in the case of a resort facility, and KRW 331 square meters in the case of a special facility).” On the same day, the Defendant made a public announcement (i) “as to the first amended management plan on November 5, 2015,” and “as to the first amended implementation plan on November 5, 2015,” “as to the first amended implementation plan on November 5, 2015,” and “as to the first amended implementation plan on November 1, 2015.”

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