인천송도11-1공구매립지일부구간귀속지방자치단체결정취소
The plaintiff's claim is dismissed.
Costs of lawsuit shall be borne by the plaintiff, including the part resulting from the participation.
1. The details and content of the instant decision do not conflict between the parties, or the following facts may be acknowledged upon considering the overall purport of the pleadings in Gap evidence Nos. 1, 2, and 3-1 through 3, and Eul evidence No. 3.
A. From 1996 to 2020, the Yeonsu-gu Incheon Metropolitan City Yeonsu-gu Incheon Metropolitan City Land Reclamation Project is a project that reclaims and prepares 53.40 m2 of the common waters owned by Dongwon-do, Yeonsu-gu, Incheon Metropolitan City, and takes charge of part of 1 to 8, 9, 10 m2, and 10 m2 of the Defendant Intervenor’s Intervenor’s Intervenor’s land reclamation project.
B. On August 10, 2015, the Mayor of Incheon Metropolitan City applied for the determination of a local government to which reclaimed land will belong among the 11-1 sections of the Incheon Songdo District, pursuant to Article 4(4) of the Local Autonomy Act, among the 11 construction sections of the Incheon Metropolitan City, pursuant to Article 4(4) of the Local Autonomy Act.
(c)
On April 25, 2016, the Central Dispute Mediation Committee for Local Governments (hereinafter referred to as the “Committee”) under the jurisdiction of the Defendant (hereinafter referred to as the “Committee”) decided to determine a local government to which the 11-1 construction section reclaimed land of the Seodo Incheon Metropolitan City (hereinafter referred to as “the reclaimed land of this case”) will belong, by comprehensively taking account of the following circumstances into account.
(1) Since the Incheon Songdo District is designated as a free economic zone and is organically linked and developed, when determining a local government to which the Songdo District belongs, the entire development plan for the international city of Songdo shall be taken into consideration.
Since the Yeonsu-do Incheon Metropolitan City already has jurisdiction over 1-8 tools, 9 sections, and 10 sections, it is desirable to determine 11-1 sections under the jurisdiction of Yeonsu-gu Incheon Metropolitan City in terms of the efficiency of land utilization.
② The residents of the Incheon Songdo District are expected to be managed in an integrated manner, and if the local government having jurisdiction over the Songdo District is different, not only residents but also domestic and foreign investors may be disadvantaged.