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(영문) 인천지방법원 2013.10.24 2012구합4634
도시개발사업구역지정 무효확인 등
Text

1. All of the plaintiffs' primary claims are dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Details of the disposition;

A. On December 26, 2007, the owner of the land of the KRW C in Kimpo-si proposed a resident proposal to designate the KRW 708,520 square meters per day as an urban development zone in the name of the “(tentative name)D Urban Development Project Association” for an urban development project. The defendant Kimpo-si accepted the above proposal on December 10, 2008 and requested the designation thereof to the Governor of the Gyeonggi-do on March 2, 2009.

B. The Defendant-do Governor: (a) deemed that the consent of 55.4% (282/509) of the total number of landowners was obtained; (b) pursuant to Articles 3 and 4 of the former Urban Development Act (amended by Act No. 9862, Dec. 29, 2009; hereinafter the same), the Defendant-do Governor designated the said 708,520 square meters as a B urban development zone; and (c) established a development plan based on the replotting method and announced it as E-public notice on October 6, 2009.

(C) In the order of the above urban development zone, development plan and development project, "the instant urban development zone, urban development plan, and urban development project" (hereinafter referred to as "urban development project").

On December 15, 2009, Defendant A Urban Development Project Association (hereinafter “Defendant Association”) elected F as the president of the association at its inaugural general meeting on the general meeting of December 15, 2009, and applied for authorization to establish the association for the instant urban development project on the 31st of the same month after the resolution to establish the association for the instant urban development project, and Defendant Kimpo-si applied for authorization to establish the association on the 31st of the same month. The Defendant Kimpo-si was deemed to have consented to 60.6% of total number of land owners (35%/585) on January 28, 2010 (hereinafter “instant disposition to approve

On February 11, 2010, the Defendant Association designated the implementer of the instant urban development project from the Defendant Kimpo-si, and prepared an implementation plan for the instant urban development project and announced it as G of Gyeonggi-do on August 26, 2010 after obtaining authorization of the said implementation plan from the Governor of Gyeonggi-do.

E. The instant urban development project district designation development plan shall be 710,870 square meters in size on June 14, 2010.

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