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(영문) 서울고등법원 2015.04.02 2014누58466
도시계획시설결정입안제안거부처분취소의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for the following modification or addition of a part, and thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a)under the second sentence of the first instance court, the "0.645 tons" in the sixth sentence shall be applied "0.645 tons per hour".

(b) by inserting the sixth (3) of the first instance judgment into “(c)”; and

(c)with respect to the 13th sentence of the first instance judgment, the phrase “ shall be without merit.”

Under the 15th judgment of the first instance court, "the plaintiff" shall be applied to the plaintiff to "the plaintiff".

3. Additional determination

A. The Plaintiff’s assertion 1) In light of the following circumstances, the extension of the two period and the construction of the three period for incineration facilities does not fall under the matters to be determined on an urban or Gun management plan under Article 43(1) of the National Land Planning and Utilization Act. (A) Since the National Land Planning and Utilization Act is a law to ensure that urban or Gun planning facilities can be installed smoothly through benefits, such as expropriation of land, the area of land is an important matter. (2) The extension and construction of detailed facilities without any change in the area and size are not the matters to be determined on an urban or Gun management plan under Article 43(1) of the National Land Planning and Utilization Act; (3) The “scale of facilities” under Article 43(1) of the National Land Planning and Utilization Act and the implementation plan for an urban or Gun planning facility project under Article 88 of the National Land Planning and Utilization Act are compared to the matters to be determined on an urban or Gun management plan under Article 43(1) of the National Land Planning Act.

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