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(영문) 춘천지방법원강릉지원 2017.08.17 2016구합50656
관광지조성계획변경신청반려처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On December 19, 2013, the Plaintiff, starting from 1464-12, Youngyang-dong 1464-12, started to operate a business (hereinafter “instant business”) that newly installs a tramway facility with an extended period of 1,988m, area of 27,325m2 (hereinafter “the instant business”) to arrive at 940-1, Mapopo-dong, Sipo-si, Sipo-si, Sipo-si, and proposed the Defendant to formulate an urban management plan under the National Land Planning and Utilization Act.

B. On January 22, 2014, the Defendant, upon consultation with the competent Si/Gu Urban Planning Committee, intended to formulate the Plaintiff’s proposal. From around that time to July 2015, the Defendant partially proceeded with the formulation procedure of an urban management plan for the instant project, including the residents’ public inspection, resident briefing sessions, strategic environmental impact assessment, etc.

C. Meanwhile, as a result of the development of cables and their ancillary facilities newly established as the instant project in the inner bathing beach tourist destination, it was necessary to modify the plan to create the inner bathing beach tourist destination (which was first approved in 1985 and subsequently approved several times thereafter; hereinafter “instant creation plan”) to implement the instant project, the Plaintiff submitted to the Defendant on November 4, 2014 the “application to modify the plan to create the inner bathing beach tourist destination.”

On June 29, 2016, the defendant filed an application for the change of the creation plan of this case with the Governor of Gangwon-do to obtain the approval from the Governor of Gangwon-do for the change of the creation plan of this case on two occasions.

However, on July 13, 2016, the Governor of Gangwon-do issued an order to supplement the defects pointed out by the Defendant in the written opinion attached to the application for the modification of the instant creation plan and to attach the opinions of each relevant department. On August 22, 2016, the Defendant demanded the Plaintiff to supplement the land use plan (a sports and entertainment facility zone) and the installation plan for cablecar facilities (a cable line, line, list, etc.).

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