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(영문) 인천지방법원 2020.09.03 2019구합54614

재개발정비구역 지정 무효 확인의 소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiffs are owners of land, etc. who own real estate within the rearrangement zone of A Housing Redevelopment Improvement Project (hereinafter “instant project”), as seen below, and the Intervenor joining the Intervenor (hereinafter “ Intervenor”) was authorized to establish an association on March 25, 2008 as the Housing Redevelopment Improvement Project Association established for the purpose of implementing the instant project.

B. On July 21, 2008, the Defendant changed the name of the administrative district on July 1, 2018, Nam-gu Incheon Metropolitan City public notice C, Incheon Metropolitan City, the name of the administrative district was changed to that of the Michuhol-gu, Incheon.

D. On October 20, 2008, Incheon Metropolitan City announced E, to change the size of the rearrangement zone of this case into 77,464 square meters, and publicly notified the alteration of the maintenance plan and the alteration of the designation of the rearrangement zone. On December 19, 2008, the Intervenor Union obtained the approval of the project implementation plan as the F Public Notice of Nam-gu Incheon Metropolitan City on December 19, 2008.

C. On March 25, 2014, the Intervenor Union submitted a draft decision on the designation of a rearrangement zone and the formulation of a rearrangement zone plan to the head of Nam-gu Incheon Metropolitan City (hereinafter “the head of Nam-gu”) on April 4, 2014, following a resolution of the General Assembly of Members.

Accordingly, on January 13, 2015, pursuant to Article 4(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), the head of the South-North Korean government established a plan for the improvement of the project in this case and a plan for the alteration of designation of an improvement zone, and made an application for the alteration of the improvement plan and designation of an improvement zone to the Defendant on March 27, 2015, after hearing opinions from residents, resident perusal, and local councils. The detailed process is as follows

In the process of applying for change of a rearrangement plan on April 4, 2014, the relevant institutions and departments shall seek opinions from the relevant institutions and departments on May 16, 2014 to June 12, 2014 (1) from October 13, 2014 to October 24, 2014.