beta
(영문) 인천지방법원 2017.08.18 2016구합50048

환지예정지변경 지정처분 일부 무효확인

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs shared (Plaintiff A: 549/1,848, Plaintiff B, 859/1,848, Plaintiff C: 40/1,848, and Plaintiff C: 440/1,848) with respect to the land of this case before Kimpo-si (hereinafter “instant land”).

B. On March 2, 2009, the Kimpo-si requested the Gyeonggi-do Governor to designate a daily area of 708,520 square meters of the instant land as an urban development zone. The Gyeonggi-do Governor, after consultation with related agencies (departments) and deliberation by the Gyeonggi-do Urban Planning Committee, designated the above area as a "D urban development zone" pursuant to Articles 3 and 4 of the former Urban Development Act (amended by Act No. 9862 of Dec. 29, 2009), and set up a development plan by replotting method, and publicly announced as the "F" on October 6, 2009.

(hereinafter referred to as “instant urban development zone” and “instant urban development project” respectively.

On December 31, 2009, the Defendant filed an application for authorization to establish an urban development project association with the Kimpo-si on January 28, 2010, and obtained authorization for establishment from the Kimpo-si on February 11, 2010, designated as the implementer of the instant urban development project. After formulating an implementation plan for the instant urban development project and obtaining authorization for the said implementation plan from the Governor of the Gyeonggi-do on August 26, 2010. On July 5, 2012, 43 persons, including the Plaintiff, etc. designated and announced the land substitution as of September 5, 2012 through the public perusal after obtaining authorization for the land substitution plan from the Kimpo-si market, and 2012Guhap4634 against the Defendant, the Defendant filed a lawsuit seeking confirmation of invalidity of the land substitution plan as to the Plaintiffs, etc. on September 5, 2012, and the alteration of the land substitution plan becomes effective on September 25, 2012.