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(영문) 수원고등법원 2020.01.08 2019누11763

환지계획인가처분무효확인 등

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1. The plaintiffs' appeals against Defendant Pyeongtaek-si are all dismissed.

2. The plaintiffs' defendant C District.

Reasons

1. Details of the disposition;

A. Under Articles 3, 4, and 9 of the Urban Development Act, the Governor of the Gyeonggi-do designated an urban development zone and the status of the parties thereto. The name of the urban development zone is the name of the implementer of the urban development project and the designation of the development zone as follows: (a) the location and size of the urban development zone in Pyeongtaek-si E, one hundred twenty thousand square meters: (b) the proposer of the urban development project in Pyeongtaek-si E, one hundred twenty thousand square meters: (c) the implementation period of the urban development project in the district C district urban development project from the date of authorization of the implementation plan to the date of replotting disposition: the replotting plan: 37,85 square meters (4.9%) among the total 843,200 square meters, the residential land is 50,973 square meters (6.0%) among the commercial land; (6.9%) the residential land is divided into two categories; and (412,326 square meters (48.9%) of the urban development project; and (4) the residential land is again divided into three five percent (3636.6.61%) of the entire residential area of the Act.

On April 19, 2011, the Defendant Union obtained authorization for establishment from Defendant Pyeongtaek-si (hereinafter “Defendant mayor”) and completed the registration of incorporation on May 3, 201. On July 29, 2011, the Defendant Union designated and announced the “C District Urban Development Project” (hereinafter “C District Urban Development Project”) as the implementer of the “Urban Development Project.”

3) The Plaintiffs are the owners of the pertinent land in the attached Table 3 list located within the business zone, and the members of the Defendant Union are the members of the Defendant Union. 4) The Defendant Union announced the authorization of the implementation plan, the development plan (revision) and the implementation plan (revision).