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(영문) 광주지방법원 2014.08.14 2013구합2143
용도폐지처분 무효확인
Text

1. Of the instant lawsuit, the part of the conjunctive claim regarding the cancellation of the use of the road and the restoration of the road to its original state.

Reasons

1. Basic facts

A. On June 5, 1987, each land listed in the separate sheet 2 list for the disuse of the road (hereinafter “instant land”) on each land listed in the separate sheet 2 list is determined to be included in the road zone No. 14th (hereinafter “instant road”). The Defendant publicly announced the instant road as of Apr. 18, 208 pursuant to Article 28(1) and (4) of the former National Land Planning and Utilization Act (amended by Act No. 8564, Jul. 27, 2007; hereinafter “former National Land Planning Act”) and Article 22(2) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 20535, Nov. 19, 2007; hereinafter the same) as of Apr. 18, 2008.

(2) On November 19, 2007, the public announcement of hearing opinions of the above residents was made by means of newspaper announcement (E, F), seeing materials, and bulletin board publication as follows. The public announcement of hearing opinions of the above residents was made by means of “public announcement of hearing opinions of residents for the prior examination of the feasibility of the proposed modification and modification of the Fagpo Urban Management Plan” (E, F), and “public announcement of hearing opinions of residents.”

1. Protocol modifying the determination of a wooden urban management plan: Omitted entry;

2. Period for public display: November 19, 2007 to December 9, 2007 (20 days);

4. Protocols of change in the urban management planning, related drawings and environmental reviews shall be kept in the wooden City and Viewing Cities, and other detailed matters shall be visible to the general public, and shall be inquired of the city with the main time;

B. The content of the instant disposition for disuse of the road use is as follows, among the “decision on the wooden Urban Management Planning Facilities (Modification) and the notification of approval of topographic drawings” publicly notified by the Defendant on April 18, 2008, the part of the “report on the determination of urban planning facilities (Modification)” related to disuse of the road use of this case

The form of the use of the end point of the end point of the m) extension of the size of the road decision-making protocol by the end point of the first decision-making site shall be the number width range(m) by the non-high grade classification.

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