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(영문) 수원지방법원 2017.03.08 2016구합65832
학교설립계획 승인거부처분 등 취소
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

Basic Facts

On July 29, 2009, the supplementary intervenor to the Plaintiff (hereinafter “the supplementary intervenor”) amended the urban management plan of the highyang market and the first agreement concluded the first agreement (hereinafter “the first agreement”) changed the purpose of the use of the land of the area of the 1237 square meters large of 111,013 square meters (hereinafter “instant site”) in the distribution business facility from the distribution business facility to the complex site for residential facilities, commercial facilities, parks, squares, squaress, roads, schools, etc., and submitted a resident proposal (hereinafter “resident proposal of this case”) to the Gyeyang-si City Mayor concerning the alteration of the urban management plan.

On January 26, 2010, the auxiliary intervenor and the senior Yangyang City entered into an agreement on the public participation scheme of the Intervenor following the change in the urban management plan and the Class I district unit plan of the site in the instant case (hereinafter “the first agreement”). The public participation scheme of the Intervenor related to the instant project included in the first agreement is included in the following:

The ratio (%) of non-building size (%) in the area of public land within the separate agreement (%) shall be 8,628.87.87.57.57.626.4 Nov. 4, 12,626, 11,013,00 on July 26, 2013, as No. 2010-23, Feb. 2, 2010, "Yyang-si shall change the use of the instant site from the distribution business facility to the general commercial area, and its use shall be 8,628 square, 2,580 square, 742 square, 12, 742 square, 162, 264 square, 264 square, 264, 364, 196, 205 square, 200, 200, 201, 2003 square, 201, 36364, 364, 2016.

under the above urban management plan.

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