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(영문) 춘천지방법원 2016.12.16 2016구합559
사업시행자지정 및 실시계획인가 처분 무효확인 등
Text

1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a co-owner of 1/2 shares of 183 square meters (hereinafter “instant land”).

B. In accordance with the relevant provisions of the former Urban Planning Act (amended by Act No. 2435, Dec. 30, 1972; repealed by Act No. 6655, Feb. 4, 2002; hereinafter the same shall apply), the Governor of Gangwon-do determined and publicly announced an urban planning with a content that newly establishes a Gocheon-si Gocheon-si, Hungary, which was enforced on April 19, 197, in accordance with the relevant provisions of the former Urban Planning Act (amended by Act No. 2435, Feb. 4, 2002).

C. On April 10, 2015, the Defendant issued a notice of the designation of a project implementer and the authorization of an implementation plan (hereinafter “instant authorization disposition”) with respect to G amusement park development project (hereinafter “instant project”), including the following matters, on July 31, 2015, as a public notice of the inspection and publication under Article 90 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 99 of the Enforcement Decree of the same Act.

(1) Location of the place of project site: H Day in Chuncheon-si in Gangwon-do.

(a) Kind: The business of the Chuncheon urban planning facilities;

(b) Name: G amusement park development project (stage 2).

(a) Name: Chuncheon market; and

(b) Address: 11 viewing paths in Chuncheon;

D. On September 25, 2015, after undergoing the inspection and publication procedure under the National Land Planning Act, on October 16, 2015, the Defendant issued a public notice of the authorization for the change of the implementation plan (hereinafter “instant authorization disposition”) including the change of the name of the project operator to K in Chuncheon City to the representative of I Incorporated Corporation (hereinafter “I”), and the public notice of the authorization for the change of the address to K (hereinafter “the instant authorization disposition”) (hereinafter “each of the instant dispositions”), including the aforementioned disposition and the instant authorization disposition.

E. At the time of the instant modification disposition, land is excluded from the state-owned and public land of the project site.

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