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(영문) 서울행정법원 2016.04.07 2015구합72948
도시생태현황도 고시 취소 청구의 소
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. The Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government C Forest Land of 177,435 square meters (hereinafter “instant land”).

B. The defendant shall investigate the current status of urban ecology every five years with the basic data necessary for establishing the City Basic Urban Planning, and determine and manage the grades of the non-to-saw according to the current status of land utilization.

The term "non-to-saw" means a habitat where a specific plant and animal are in a single living community and is clearly distinguished from other places on the earth's surface. The evaluation of this is composed of a non-to-saw type evaluation and an individual non-to-saw evaluation. The "non-to-saw type evaluation" is assessed as five grades by integrating the functions of habitats, the potentiality of biological forms, the structure of plants, area and rare levels, and the "individual non-to-saw evaluation" is assessed as three grades by taking into account nature, biological habitat function, area, location, etc.

C. Meanwhile, Article 24 [Attachment 1] Item 1 A of the Seoul Special Metropolitan City Ordinance on Urban Planning enacted by the defendant for the land designated as Class 1 of the Bato-type evaluation of the Bato-type (in absolute need of conservation for the whole area of the target area) and Class 1 of the Bato-type evaluation of each Bato-to-be (in special value of protection), as a result

Development activities shall be restricted in accordance with the provisions of sub-sectors (4).

From April 3, 2015 to June 16, 2015, the Defendant publicly announced the inspection of the current status of urban ecology map of the Seoul Special Metropolitan City (Seoul Special Metropolitan City Notice No. 2015-635) through the public announcement of the inspection of the current status of urban ecology map (2015), and publicly announced the contents of the decision and topographic map (hereinafter referred to as the “public announcement of this case”) on June 18, 2015.

E. Part of the Plaintiff’s land was designated as Grade 1 and Grade 1 in the Notice of this case as a non-top type assessment and an individual non-top assessment.

(However, the designated portion was reduced rather than the result of the investigation of the 2010 Urban Ecology. [The ground for recognition] is without dispute, and evidence A No. 1.

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