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(영문) 서울고등법원 2019.01.11 2018나2042192

지장물철거 등

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1. Of the instant lawsuit in which the court changed in exchange, the part of the claim against the Defendants for the prohibition of interference is all satisfied.

Reasons

1. Basic facts

A. (1) The Plaintiff is an association established on August 16, 2010 to implement an urban development project (hereinafter “instant urban development project”) of 524,510 square meters in Seo-gu Incheon, Seo-gu, Incheon, as prescribed by the Urban Development Act (hereinafter “instant urban development project”).

(2) The Defendants owned or possessed each of the buildings and articles listed in the separate sheet in the instant project zone (hereinafter “instant obstacles, etc.”).

B. (1) The completion of the instant urban development project (1) on April 19, 2010, the Mayor of Incheon Metropolitan City formulated and announced a plan to designate an urban development zone and a development plan for the instant project area, and the Plaintiff obtained authorization of a replotting plan from the head of Seo-gu Incheon Metropolitan City on March 10, 2017, and designated land substitution for land within the instant project area on April 12, 2017.

Business Plan

1. Project name: An urban development project of a zone A;

2. Project implementer: A zone urban development project association;

3. Project outlines: The project location - The project outlines - The area of the Seo-gu Incheon N - The implementation period of 524,510 square meters: July 7, 2014 (the authorization date of the implementation plan) to December 30, 2019 (Until the date of the replotting disposition): The project outlines 211,585,00,000 project cost: The project outlines 211,580,000 project cost: The project outlines as a planned site for urbanization under the Basic Urban Planning of Incheon, 2030: the legal basis for the project to promote the creation of a pleasant urban environment, the promotion of public welfare, and the balanced development between regions by the development of a planned dog corresponding thereto - Articles 17 and 18 of the Urban Development Act related to the project approval - Articles 38 and 65 of the Urban Development Act;

6. Scheduled and completion date of construction - The scheduled completion date of construction - the scheduled completion date of construction : December 2, 2017: The main contents of the urban development project in this case are as follows:

C. (1) The Plaintiff did not reach an agreement on compensation for losses on August 8, 2017.