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(영문) 광주지방법원 2018.08.16 2017구합800
실시계획인가처분무효확인 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On January 13, 2010, the Do governor determined and publicly announced a B/Gun management plan to create F on a land of 326,393 square meters in total, the area of the entire E members of the Gyeonggi-do Eup around January 13, 2010 (hereinafter “instant amusement park”) in accordance with the plan for fostering small-do Eup in the Ministry of the Interior in 2007.

B. The Defendant decided to proceed with the instant amusement park development project by dividing it into three levels as follows: Provided, That for the convenience of understanding, the content of each phase was recorded as of June 14, 2018, which is the date of closing argument in the instant case.

On October 18, 2012, the first and third stages development projects are directly implemented by the Defendant, and with respect to the second stage development projects (hereinafter referred to as “G development projects”), the Defendant’s Intervenor C Limited Liability Company C (hereinafter referred to as “C”) was designated as the project implementer (hereinafter referred to as “previous project implementer’s designation”). On March 14, 2013, the Defendant approved the implementation plan for G development projects (hereinafter referred to as “previous implementation plan approval disposition”).

Defendant C, who is a project implementer with a children’s indoor experience center outside of the children’s indoor experience center located outside of the facility for recreation and convenience, such as a 28,161㎡ 149,678㎡ 50,615 square meters and major facilities of 128,161 kilometer 14,615 square meters, which is located in the G development project for the creation project for the creation project for the development project for H, one-stage 2-stage name, and the area of the G

C. Meanwhile, the Plaintiff’s land to be incorporated into the land for a G development project is the Plaintiff’s share of 300/3570 square meters out of 175 square meters in Jeonnam, P field 4,407 square meters, Qous Forest 11,802 square meters in Qous Forest.

On October 31, 2013, as the owner of N, filed a lawsuit seeking revocation of the expropriation ruling under the previous implementation plan against the Jeonnam-do Regional Land Expropriation Committee, asserting that the expropriation ruling was unlawful, and on December 6, 2013, filed a lawsuit against the Defendant seeking confirmation of invalidation or revocation of the previous implementation plan, asserting that the previous implementation plan authorization disposition was unlawful. The Gwangju District Court rejected all of them (Dismissal or dismissal) on August 14, 2014.

Gwangju District Court 2013Guhap2709, .

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