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(영문) 창원지방법원 2016.05.31 2016구합50424
사업시행자지정취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 25, 2009, the Plaintiff was designated as the project implementer of the Kim Sea Urban Planning Facility project (sports facilities: golf courses, playgrounds) (hereinafter “instant project”), which is a business that installs a public golf course 27 holes, golf practice range, playground, etc., on the 574 Gi-ri, Jin-ri, Jin-si, Kimhae-si (hereinafter “instant land”).

B. On May 28, 2010, the Defendant publicly announced the authorization of the implementation plan for the golf course (the project period: the period from the authorization date of the implementation plan to December 31, 2012) and the authorization of the implementation plan for the playground on June 1, 2010 (the project period to December 31, 2013 from the authorization date of the implementation plan) respectively.

C. On August 27, 2015, the Defendant notified the Plaintiff of the revocation of the authorization of the instant project implementation plan, and on December 24, 2015, the Plaintiff revoked the designation of the implementer of the instant project on the following grounds:

(hereinafter referred to as the "disposition in this case"). He was designated as the project operator in this case, but the hearing and the written opinion submitted was not completed during the project period, and the project was not proceeded with due to disputes between the existing investors, etc., and it was judged that the project was not commenced even after the project period expired and the normal project was not implemented. [Grounds for recognition] The facts that there was no dispute, the entries in Gap Nos. 1 through 4 (including the number of branches; hereinafter the same shall apply) and the purport of the whole pleadings, and the purport of the whole arguments.

2. The plaintiff's assertion

A. In light of the whole structure and legislative intent of the National Land Planning and Utilization Act where there is no disposal ground (hereinafter “National Land Planning Act”), a disposition agency may cancel the designation of a project operator pursuant to Article 133(1)15-2 of the National Land Planning and Utilization Act due to a cause attributable to the project operator, even if the project operator could complete the project during the project period specified in the implementation plan, notwithstanding the fact that the project operator could complete it.

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