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토지수용 강행하여 공정사회에 반한 대기업 현대산업개발(주) 정윤근
 

토지수용 강행하여 공정사회에 반한 대기업 현대산업개발(주)



본인은 수원시 권선구 권선동 852번지에서 자동차운전전문 학원(이하������학원������이라고 함)을 경영하고 있는 정 태환 입니다.

현대산업개발(주) 와의 환지약속과는 달리 지난 2010.6.28.경기도지방토지수용위원회(이하������경토위������이라고 함)로 부터 수용재결을 받게 되어 억울함에 이 글을 올립니다.

본 학원은 수원시 도시계획시설이면서 「공익사업을 위한 토지 등의 취득 및 보상에 관한 법률」(이하������토지보상법������이라고 함) 제4조 8호 및「국토의 계획 및 이용에 관한 법률」제95조 제1항에 의한 공익사업장입니다.


● 토지보상법 제19조 제2항엔 공익사업에 수용 또는 사용되고 있는 토지 등은 특별히 필요한 경우가 아니면 수용 사용할 수 없다는 공익사업장 보호에 대한 법 규정이 명백하고

● 대기업인 현대산업개발(주)이 사업시행자로서 2006.2.15.환지 약속하고 

● 사업지정권자인 수원시는 2006.12.18.개발구역지정 시 본 학원을 존치 계획하였는데도 불구하고 토지수용재결이 된 것입니다.

본 학원은 법으로 특별히 필요한 경우 외는 수용할 수도 없는 공익사업장인데도 더욱이 사업시행자인 현대산업개발(주)은 본인이 환지 약속해놓고 어떻게 수용신청을 하고 또 수원시는 개발구역 지정 시는 공공시설용지로서 자동차운전학원을 존치 계획하였다가 개발계획수립 시는 왜 제외시켰느냐는 것입니다

이는 적어도 권선지구 도시개발 사업을 수행하는데 있어 처음에는 본 학원을 제외해도 별로 지장이 없다는 것이 입증된 것이고 최소한 특별히 필요한 경우의 토지는 아니라고 사업시행자나 지정권자가 판단했다는 것입니다

도시기능상 필요해서 사유재산을 억제하면서까지 도시계획시설로 결정하고는 아무런 대안도 없이 더욱이 사업시행자가 환지 약속까지 한 것을 수용한다면 이는 부동산 투기꾼들의 알 박기 차원이 아닌 거꾸로 사업시행자가 알   빼앗아  알 먹기 위해서 토지수용 권을 남용한 나쁜 선례일 것입니다

현대산업개발(주)은 스스로의 환지약속을 저버리고 전체면적의 1%정도인 본 학원을 수용한다면 이는 중소기업의 1석을 빼앗아 100석을 채우겠다는 것인데 재벌 대기업의 참담한 부끄러운 모습은 아닐는지..........?

본 학원의 토지수용은 사기업의 이윤추구를 위하여 수원시 도시계획시설인 공익사업장이 폐쇄되는 공익의 희생인바 본 토지수용은 어불성설입니다.

이는 대기업이 중소기업과의 상생 약속은 외면한 채 사회적 책임도 망각하고 공익사업장 보호에 대한  법 규정도 뛰어넘어 토지수용을 강행하였으니 공정한 사회구현에도 역행된 것입니다

공정한 사회 구현에는 지도자급의 솔선수범이 앞서야 하고 특히 힘 있는 사람들이 약자의 것을 차지하는 문제에는 엄격한 조치를 해야 할 것이라고들 하는데......... 이는 재벌 대기업이나 사회 지도층 인사들을 겨냥하여 매스컴에 한번 씩 회자되는「노블레스 오블리제」의 대표적인 케이스 일 것입니다

그리고 수원시와 경토위의 공정한 사회에 반한 행정행위는 이렇습니다.

가. 수원시장이 개발구역지정 후 불과 1년여 만인 2007.12.31. 개발계획수립 시 본 학원을 제외시킨 특별한 경우가 학원 차량으로 인한 교통체증 해소방안의 강구에 대한 의견이라고 하니 참으로 배신감 느낍니다.

뭐 대형 유흥업소도 아니고 하다못해 골프연습장도 아니잖아요?

차량의 대부분이 학원 장내운전으로 사용되고 있고 고객은 대중교통을 이용할 수밖에 없는 운전학원생인데 생뚱맞게 교통체증이라니요?

실제 도로에 나가는 차량은 도로주행 교육용 9대 셔틀버스 5대가 다입니다.

굳이 논리적인 이론을 편다면 교통체증은 학원을 신규설립 시 존치할 수 없는 사유지 기이 준공된 수원시 도시계획시설로서 10년 이상을 운영 중인 본 학원을 더욱이 이전도 아닌 폐쇄시키는 사유는 아닐 것입니다

그리고 교통체증은 무엇보다도 법률적 요건으로서 토지보상법 제19조 제2항의 특별히 필요한 경우를 충족시키지는 못한다는 것입니다

또 개발계획(변경)수립 시 본 학원을 제외시키고 또 개발 실시계획 시엔 도시계획시설까지 폐지되어 토지수용까지 당하게 되는 심대한 침 익 적 행정행위인데도 불구하고 의견 제출의 기회나 협의, 결과통지도 없었다는 것은 행정절차법을 무시한 행정처분의 중대한 하자입니다.


 나. 경토위에서 다른 법도 아닌  토지보상법 제19조 제2항의 공익사업장에 대한 보호규정이 명백한데도 불구하고 공익사업장을 폐쇄시킨 수원시장과 다툴 사항 운운하는 것은 공익사업장이 아닌 일반적인 수용물일 때이며 만약 공익사업장을 토지수용위원회에서 수용 여부를 다투지 않는다면 이는 자가당착이고 공익사업을 위한 입법취지에도 모순되는 경우입니다.

토지수용은 사기업의 이윤추구가 아닌 공익 차원에서 이루어지는 만큼 기존의 공익사업장 수용에 대한 제한규정은 더욱 존중되어야할 것입니다

개발구역지정 시 이미 존치되어있는 본 학원을 교통체증을 핑계로 제외시킨 사유나 그  교통체증은 토지보상법 제19조 제2항의 특별히 필요한 경우를 충족시키는 법률적 요건이 못 된다는 것은 경토위에서 더 잘 알 텐데도 수원시 행정의 모순됨은 묻지도 않고........ 

또 환지하여 준다는 현대산업개발(주)의 확약서에  교묘하게 수원시 수락 조건을 달아놓은 것을 수원시 승인조건이 명시되어 있음을 내새워 사업시행자의 환지약속은 덮어둔 채 수용재결해주고........

과연 적정. 공정한 민주행정이라고 떳떳이 말할 수 있는지요?

대통령은 일류국가가 되려면 공정한 사회가 돼야하고 그 공정한 사회는 엄정한 법질서 확립이 먼저라는데 양심에 반하는 검은 베일 속의 합법도 합법 입니까?

법의 수호는 약자의 보호고 국가의 사명이라고 하는데 공익사업장에 대한 토지수용을 제한하는 토지보상법 제19조 제2항의 법이 있는데도 불구하고 환지약속을 하고도 수용신청한 당사자에게 먼저 책임을 묻지 않는다면 어찌 법이 바로서는 공정한 사회라고 하겠습니까?

본인은 엄정한 법질서가 확립되어 신뢰받는 책임행정이 구축되고 신의를 지키는 기업의 윤리경영과 양심에 반하지 않는 도덕성이 존중되는 정의롭고 . 공정한 사회라면 본건은 수용재결이 돼서는 안 된다고 생각합니다.

참고자료를 포함한 좀 더 자세한 내용은 별지로서 첨부하오니 양해해주시기바랍니다


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토지수용 강행하여 공정사회에 반한 대기업 현대산업개발(주)


본인은 수원시 권선구 권선동 852번지에서 자동차운전전문 학원(이하������학원������이라고 함)을 경영하고 있는 정 태환입니다.

현대산업개발(주) 와의 환지약속과는 달리 지난 2010.6.28.에 경기도지방토지수용위원회(이하������경토위������이라고 함) 로부터 수용재결을 받게 되어 억울함에 이 글을 올립니다.


1. 사안의 개요


  가. 본 학원은 수원시 도시계획시설(참고자료⑤)(자동차운전학원)로서 공익사업을 위한 토지 등의 취득 및 보상에 관한 법률(이하������토지보상법������이라고 함)제4조 8호 및「국토의 계획 및 이용에 관한 법률」제95조 제1항에 의한 공익사업장(참고자료⑦)입니다.


  나. 현대산업개발(주)은 본 학원을 포함한 권선지구 도시개발 사업을 추진함에 있어 2006. 2. 15.에 현재 학원자리에 3,000평 이상 환지해 주는 조건의 확약서(참고자료①)를 본인에게 작성해주었고, 다음날인 2006. 2. 16. 학원 현재위치에 이에 상응한 지적(최소3,000평 이상)을 환지하여 주는 조건이라고 명기된 동의서(참고자료②)를 본인에게 받아가서 수원시에 제출하고 이를 토대로 같은 해 12월에 수원시로부터 권선지구 도시개발구역 및 사업시행자로 지정받는데 활용했습니다.


  다. 현대산업개발(주)이 본인에게 확약한대로 수원시장은 2006. 12. 18.에 권선지구 도시개발구역의 개략적인 토지이용계획 및 기반시설계획(안)(참고자료③)에 공공시설용지의 자동차운전학원(9,450m2)을 계획하였다가 2007. 12. 31.에 권선지구 도시개발구역의 개발계획 수립(참고자료④) 시 현대산업개발(주)이 작성한 대로 기반시설인 운전학원을 제외하는 것으로 계획을 변경하였고, 2008. 10. 31. 권선지구 개발 실시계획(참고자료⑥)인가 땐 본 학원의 도시계획시설까지 폐지하였습니다.

  라. 수원시장은 본 자동차운전학원의 도시계획시설과 권선지구 도시개발구역의 사업시행자 지정권자입니다.


1. 신뢰의 원칙과 비례의 원칙에 반함

  가. 수원시장은 2007. 12. 31. 권선지구 개발계획(변경) 수립(참고자료④)시 현대산업개발(주)이 작성한 대로 기반시설인 운전학원을 제외하였는데


● 토지보상법은 특별히 필요한 경우 외엔 토지수용을 할 수도 없고

● 굴지의 대기업 인 현대산업개발(주)이 사업시행자로서 환지 약속하였고 

●수원시장은 사업지정권자로서 개발구역지정 시 존치 계획하였고

이 정도면 못 믿는 것이 이상한 것 아닙니까? 전 대한민국 평균인 정도에 못 미쳐서 그런지 모르지만

일말의 의혹도 없이 본 학원이 존치 될 것으로 철저히 믿어 왔습니다.

국민의 자유와 재산에 관계되는 행정행위는 예측 가능성과 법적 안정성에 있거늘 수원시와 현대산업개발(주)은 합작하여 신뢰보호의 원칙을 저버린 경우입니다.

아울러 모든 사람은 상대방의 신뢰가 헛되지 않고 보호되도록 성실히 행동하여야하는 신의성실의 원칙도 범 하였습니다.

상대를 믿은 신뢰의 보상이 배신으로 이어지고 이에 당하고만 있어야한다면 이보다 더한 불공정한 사회가 어디 있으며 꼭 후진국 행정을 지금도 답습하는 것 같아서 왠지 씁쓸해집니다.


  나. 행정목적을 실현함에 있어 부득이 침해 되는 사익과 달성하고자 하는 공익 간에 합리적인 비례관계가 유지되어야 하는데, 당초 개발구역지정 시 존치 계획되었든 본 학원을 사업시행자가 기업이윤 추구만 꾀하다보니까 수원시 도시계획시설인 공익사업장이 폐쇄되는 공익에 반하는 이상한 개발계획(변경)이 수립된 것입니다.


본 학원은 공익사업장이 수용되는 사익의 침해를,

수원시는 도시계획시설이 폐쇄되는 공익의 침해를,

사업시행자는 3,000평 정도의 택지개발에 대한 추가적 사익을,


침해되는 사익과 공익간의 비례관계가 아닌 거꾸로

침해되는 공익과 사업시행자가 취하는 사익간의 비례관계가 된

이 모순된 개발계획에 수원시는 재벌의 손을 들어주고..........

도시개발사업의 고유목적이 공공시설과 도시기반시설의 확충에 있는 만큼 기이 있는 공익시설을 그것도 사업시행자가 존치 확약까지 한 것을 수원시장은 어째서 개발계획(변경)수립 시 제외시켰는지? 참으로 이해되지 않는 석연찮은 대목입니다 .


2.  비교형량의 탈락


  가. 수원시장은 개발계획(변경) 수립 시 관계자의 이익이 비교형량 되어야하는데 본 학원은  이 과정에서 마땅히 사업시행자의 환지약속과 개발구역지정 시 존치계획 된 신뢰보호의 원칙  수원시 도시계획시설로서 1997년부터 실재하고 있는 기득권존중의 원칙 특히 토지보상법 제19조 제2항의 공익사업장 수용에 대한 제한규정 등 이 모든 것을 종합하여 검토 논의되어야함에도  이를 결한 것은 비교형량의 중대한 흠결입니다.


  나. 구 건설교통부 규정 제35호에 의하면, 현재 공익사업에 사용되고 있는 토지보다 새로 시행하고자 하는 공익사업의 공익성이 현저히 큰 경우에 “특별히 필요한 경우”로서 수용할 수 있다고 되어 있습니다. 그리고 이러한 비교형량에는 침해적 행정행위에 있어서 필요최소한의 요건이 추가되어야 하며, 회피 가능한 경우 가급적 회피수단을 사용하여 개발계획을 수립하여야 합니다.


  다. 그렇다면 수원시장은 위 개발계획 수립 시 본 학원과 현대산업개발(주)의 권선지구 개발 사업의 공익성을 비교형량 하여 현대산업개발(주)의 권선지구 도시개발사업의 공익성이 현저히 커서 본 학원을 폐지하지 않고는 도시개발계획의 목적을 달성할 수 없거나 현저히 지장을 초래함이 명백한 경우에 한하여 본 학원을 폐지할 수 있을 것입니다.  

그래서 본인이 수원시에 들어가서  특별히 필요한 경우 외는 수용도 할 수 없는 공익사업장인데 어떻게 개발계획수립에서 제외시켰느냐고 하니까 관계공무원으로부터 “사업시행자인 현대산업개발(주)이 사업 변경계획서를 제출하였기에 법령저촉이 없어서 그대로 승인하였다”는 사실만 확인하였습니다.

  라. 그리고 2007. 12. 31.자 개발계획 수립 시 도시계획위원회의 회의록(참고자료⑬)을 2009. 12. 14.자에 열람하였는데 위원들의 발언내용 이나 관계 부서간의 의견제시, 부의안건 어디에도 본 학원의 언급이 일언반구도 없었다는 것은 비교형량을 아예 하지 않았음이 입증된 만큼 당연히 본건 개발계획수립은 위법이므로 무효라 아니할 수 없습니다.


3. 행정처분전 의견 제출의 기회나 결과통지를 결한 행정행위의 위법성


본 학원은 수원시 도시계획시설로서 토지보상법으로 정한 공익사업장이고

사업시행자의 확약서나 수원시에 제출된 동의서에 환지약속이 되어 있고

수원시의 개발구역지정 시는 기반시설로서 본 학원이 계획되어 있고

권선지구 도시개발사업의 시행방법이 수용 또는 사용방식이고

공익사업에 수용 사용되고 있는 토지는 특별히 필요한 경우 외는 수용 사용할 수 없다는 법 규정이 있는데도 불구하고

개발계획수립 시나 더욱이 개발 실시계획 시엔 도시계획시설까지 폐지되어 토지수용까지 당하게 되는 심대한 침 익 적 행정행위인데도 불구하고 의견 제출의 기회나 협의, 결과통지도 없었다는 것은 행정절차법을 무시한 행정처분의 중대한 하자입니다.


더욱이 본인이 수원시장님께 보낸 2007. 11. 5.자에 자동차운전학원 도시계획시설 계속존치 신청건의 청원서(참고자료 ⑨)에서 현대산업개발(주)이 수원시에 제출한 권선지구 도시개발계획(안)에 본 학원이 누락되어있다는 것을 밝히고 계속 존치하여 주기를 간청 하였고 그 후 2008.4.24자 권선지구 도시개발 사업에 대한 청원(참고자료 ⑨) 또 2008.10.14 자동차운전 전문 학원 계속존치건의 청원서(참고자료 ⑨)를 냈는데도 개발계획에 반영은 고사하고 역시 개발계획수립이나 개발실시계획에 대한 결과통지도 않는다는 것은  참으로 이해가 되지 않습니다.


그래서 2010.7.7.자에 또 상기 행정절차상에 있어 의견제출 기회나 결과통지도 하지 않았다는 것은 수원시의 중대한 하자라는 민원을 제기하였으나 즉답은 피하고 도시개발 행정에 대한 일반적인 이해만 구하는 내용이 다였습니다(참고자료⑪)


그리고 도시계획시설사업시행자 정 태환과 권선지구 도시개발사업 시행자 현대산업개발(주)은 서로가 이해당사자인데도 불구하고, 수원시가 권선지구 도시개발계획(변경)수립 시 행정작용에 있어 부당하고 편파적이었다면 국민은 공정하게 처우 받을 수 있는 헌법상 평등의 원칙에도 반하는 것입니다.


4. 토지보상법 제19조제2항의 규정에 반한 기획된 기망행위를 당국에 고발함

본 학원은 법으로 특별히 필요한 경우 외는 수용할 수도 없는 공익사업장인만큼 사업시행자인 현대산업개발(주)의 환지 확약은 어떤 명분으로도 본 학원을 수용 할 수 없다는 것입니다

개발사업 에 있어 그렇게 특별히 필요한 경우의 토지라면 어떻게 사업시행자가 환지 약속을 하고 또 수원시는 개발구역 지정 시 공공시설용지로서 자동차운전학원을 존치 계획하였느냐는 것입니다

이는 적어도 권선지구 도시개발 사업을 수행하는 데 있어 본 학원 토지를 제외해도 별로 지장이 없다는 것이 입증된 것이고 최소한 특별히 필요한 토지는 아니라고 사업시행자나 지정권자가 판단했다는 것입니다


 “경토위에서 사업시행자는 도시개발사업 동의서상에 담당자의 자필로 기재된 3,000평 환지약속은 수원시의 승인을 조건으로 명시되어 있으며, 운전학원 시설의 계획은 권선지구 구역지정을 위한 사전환경성 검토 협의회에서 ‘사업구역 내 운전면허 학원의 차량으로 인한 교통체증 해소방안 강구’에 대한 의견이 있었고, 이에 대한 대책을 반영하여 개발계획을 수립하는 과정에서 배제되었으며” 하였는데

  

  가. 사업시행자인 현대산업개발(주)은 오직 개발사업 에 대한 동의서를 징구하기 위한 방편으로 관련법의 무지함을 이용해 교묘하게 환지해 준다는 조건의 확약서에 자기들의 법적 책임을 면키 위한 방편으로 수원시에서 수락이 떨어지면 정식 합의서를 작성키로 함이라고 수원시의 승인조건을 달아 놓았다가 기망행위에 대한 비난을 면키 위한 방편으로 개발구역지정 시에는 우선 자동차운전학원을 계획하였다가 교통체증을 핑계로 1년여 후엔 개발계획 변경수립이란 미명아래 제외시키고!! 참으로 배신감 느껴지는 대목입니다  수원시 공무원들도 현대산업개발(주) 와 짝짝 궁 되어 부화뇌동하고........

이 모두가 처음부터 현대산업개발(주)의 종사자들과 수원시 개발관련 공무원들이 권모술수나 조삼모사로 음모된 각본이었다면 이는 참으로 선량한 국민을 기망하고 현혹케 한 중대하고도 파렴치한 범죄행위입니다.

그리고 기획된 기망행위로서 마땅히 당국에 고발되어야할 것입니다.



 나. 개발구역지정 후 불과 1년여 만에 개발계획수립 시 본 학원을 제외시켜야할 특별한 경우가 과연 무엇일까? 하고 궁금했는데  운전면허 학원의 차량으로 인한 교통체증 해소방안의 강구에 대한 의견은 어불성설입니다

굳이 논리적인 이론을 편다면 교통체증은 학원을 신규로 설립 시 존치할 수 없는 사유지 기이 준공된 수원시 도시계획시설로서 10년 이상을 운영 중인 공익사업장을 더욱이 이전도 아닌 폐쇄시키는 사유는 아닐 것입니다

개발계획(변경)수립 시 본 학원을 제외시키려니까  환경성 검토란 구실이  필요하였는지 모르겠습니다. 만은 교통체증은 토지보상법 제19조 제2항의 특별히 필요한 경우를 충족시키는 법률적 요건은 아닐 것입니다

그리고 차량의 대부분이 학원 장내운전으로 사용되고 있고 고객은 대중교통을 이용할 수 밖 에 없는 운전학원생인데 생뚱맞게 교통체증이라니요?

뭐 대형 유흥업소도 아니고 하다못해 골프연습장도 아니잖아 요?

실제 도로에 나가는 차량은 도로주행 교육용 9대 셔틀버스 5대가 다입니다. 이는 개발구역 주민의 이기적인 떼 문화가 아닌 거꾸로 사업시행자가 후안무치함을 넘어 생떼를 쓰고 있는 경우입니다

   

●환지하여 준다는 확약서에

● 현대산업개발(주) 이 교묘하게 수원시 수락 조건을 달아놓은 것을

● 경토위는 수원시 승인조건이 명시되어있음을 내새워 사업시행자의 환지약속은 덮어둔 채 수용재결해주고 .......과연 적정. 공정한 민주행정이라고 떳떳이 말할 수 있는지요!!

이렇게 기업은 선량한 시민을 기만하고, 이에 행정은 맞장구치고....... 선진국의 길목에서 하루빨리 불식시켜야 할 경영마인드고 서비스 행정 아닙니까?

행정은 기업 편들기에 급급하고.......그의 대가가 부정의 커넥션으로 연결되고.......그래서 지방단체장의 당사자나 가족이 입건되고 또 구속되고.........

대통령은 일류국가가 되려면 공정한 사회가 돼야한다고 하는데 양심에 반하는 검은 베일 속의 합법도 합법 입니까?

법의 수호는 약자의 보호고 국가의 사명이라고 하는데 공익사업장에 대한 토지수용을 제한하는 법이 있는데도 불구하고 환지약속을 하고도 수용신청한 당사자에게 먼저 책임을 묻지 않는다면 어찌 법이 바로서는 공정한 사회라 하겠습니까?

만약 본 학원이 중토위에서도 수용재결 된다면 당하는 측의 입장에선 얼마나 황당하고 분통 터지는 일인지도 우리 모두가 한번쯤은 역지사지의 입장에서 되새겨야 할 일이라 사료 됩니다

본인은 엄정한 법질서가 확립되어 신뢰받는 책임행정이 구축되고 신의를 지키는 기업의 윤리경영과 양심에 반하지 않는 도덕성이 존중되는 정의롭고 . 공정한 사회라면 본건은 수용재결이 돼서는 안 된다고 생각합니다.


  다. 만약 공익시설인 본 학원이 수용된다면 토지보상법에 의하여 공익을 위한 토지수용이 아니라 현대산업개발(주)의 사익을 위하여 공익사업장이 폐쇄되는  경우이므로 이는 공익사업을 위한 입법취지 및 기득권 존중의 원칙에도 모순되는 행정을 낳게 되는 경우이며 어미가 제 새끼를 잡아먹는 꼴이 되는 것입니다  

이렇게 이윤추구에만 혈안이 되어 토사구팽과 이율배반만 일삼는 기업에 수용재결 해준다면 이는 조무래기 알 박기하고는 차원이 다른 경우입니다

이는 사기업이 토지수용 권을 남용하여 알 빼앗아 알 먹기 하는 경우입니다 

5. 토지보상법 제 19조 제 2항의 규정에 의한 수용재결을 구함

  가. 토지보상법 제19조 제2항에 의하면, 공익사업에 수용 또는 사용되고 있는 토지 등은 특별히 필요한 경우가 아니면 이를 다른 공익사업을 위하여 수용 또는 사용할 수 없다고 되어있는바 이는 공익사업장을 토지수용으로부터 적극적으로 보호하는 규정이고


  나. 경토위에서 다른 법도 아닌  토지보상법 제19조 제2항의 공익사업장에 대한 보호규정이 명백한데도 불구하고 공익사업장을 폐쇄시킨 수원시장과 다툴 사항 운운하는 것은 공익사업장이 아닌 일반적인 수용 물 일 때이며 만약 공익사업장을 토지수용위원회에서 수용 여부를 다투지 않는다면 이는 자가당착이고 공익사업을 위한 입법취지에도 모순되는 되는 경우입니다.

  

  다. 토지보상법 제19조 제2항의 공익사업에 수용 또는 사용되고 있는 토지는 실제 공익사업에 공여되고 있는 토지를 말할 것이며 본 학원은 1997년부터 현재까지 실재하는바 마땅히 제19조 제2항의 공익사업장으로서 보호 받아야 될 것으로 판단되며 도시계획시설인 자동차운전학원의 폐지 결정 고시나, 수용 또는 사용할 세목으로 고시됨은 어디까지나 개발계획이고 집행을 위한 전 단계로 보아야 할 사안으로 이는 토지수용신청 절차로는 충족시킬는지 모르지만 수용위원회의 공익사업장에 대한 재결사항까지 배제 시키는 것은 아닐 것 입니다.

토지보상법 제19조 제1항이 사업시행자의 수용신청권이라면 토지보상법 제19조 제2항은 공익사업장 수용에 대한 제한을 논한 것이므로 본 학원의 수용재결은 공익사업장의 보호 측면에서 심의 되어야 할 사안으로 판단됩니다.


  라. 사업시행자나 지정권자인 수원시장으로부터 토지보상법 제19조 제2항의 특별히 필요한 경우의 소명을 받아서 검토함은 물론 이때 기존의 공익사업장을 폐지하는 과정에서 지정권자나 사업시행자의 하자는 없었는지? 공익사업장 보존을 위하여 최선을 다했는지? 과연 개발계획(변경)수립 시 토지보상법 제19조 제2항의 특별히 필요한 경우의 비교형량은 심의 되었는지? 사업시행자의 이윤추구 놀음에 지정권자인 수원시는 동조 또는 묵인은 하지 않았는지? 등도 살펴야 할 사안이며 토지수용은 사기업의 이윤추구가 아닌 공익 차원에서 이루어지는 만큼 기존의 공익사업장 보호도 같은 맥락에서 다루어져야할 것입니다.

 마. 참고적으로 본 학원의 위치를 설명하면 서쪽으로는 6차선 국도변, 동쪽으로는 장다리 천을 경계로 한 장방형의 토지로서 동서로는 자연적인 경계선이 형성되어있으며 중심부가 아닌 변두리에 자리 잡고 있어 이를 존치하더라도 주위를 개발하는데 있어 특별히 지장이 없다는 것입니다(참고자료⑧)


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의원실님의 코멘트입니다. -

안녕하세요, 이용경 의원실입니다.
위와 같은 사항은 법원에 문의하시면 조속한 해결이 될 것이라 생각합니다.
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