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(영문) 대구지방법원 2014.11.14 2014구합21013
건축허가처분취소
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 January 17, 2002, the two parcels were designated and publicly notified as a road zone (Public Notice E of the Ministry of Construction and Transportation) on the aggregate of the nine parcels, both B and C, and three parcels (hereinafter “each parcel of land”). On May 12, 2011, the two parcels were released from the road zone (Public Notice of the Ministry of Land, Transport and Maritime Affairs).

B. On October 18, 2012, the Korea Expressway classify D land as disused land, and publicly announced the disposal of unused land on October 18, 2012. On November 5, 2012, the Plaintiff entered into a contract with the Korea Expressway Corporation to purchase D land in KRW 201,10,000, and completed the registration of ownership transfer on September 16, 2013.

C. On May 13, 2013, the Plaintiff submitted to the Defendant a proposal for the formulation of an urban management plan (amended) on the designation of an urban management planning facility (traffic facilities: traffic facilities) pursuant to Article 26 of the National Land Planning and Utilization Act, and Article 20 of the Enforcement Decree of the same Act, to abolish the designation of an urban management plan facility (traffic facilities: intersection squares) in order to cultivate a room and grow in the instant land, to install a tombstone, agricultural machinery repair, mushroom cultivation, etc. on each of the instant land. On July 11, 2013, the Defendant notified the Plaintiff of the draft decision on the 17th of the same month following a deliberation by the Gun Planning Committee on June 21, 2013, the deliberation by the Gun Planning Committee on the 25th of the same month, the hearing of opinions by the Gun Council on July 1

On August 12, 2013, the Plaintiff: (a) partially modified the business plan to the Defendant; and (b) submitted a proposal for the determination of an urban management plan (revision) stating that the Plaintiff shall change the daily traffic plaza (intersection) from the 333,031m2 to the remaining 32,492m2m2, excluding the total of 10,539m2,000,000 square meters of the land area of the instant case, which is an urban management plan facility; and (c) on the 20th of the same month, the Defendant notified the Plaintiff of the re-making decision on the 30th of the same month

The main reasons for the draft(B) is that the intersecting point of the H Expressway is the traffic facilities used by many people, and the traffic safety and the landscape is protected.

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