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(영문) 인천지방법원 2016.12.16 2015가합59296
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 1, 2006, the Mayor of Jung-gu Incheon Metropolitan City publicly announced the “Master-gu Incheon Metropolitan City Master Plan for Urban and Residential Environment Improvement (2010 Incheon Metropolitan City), which designates the area of 48,500 square meters in the Jung-gu Incheon Metropolitan City as the E urban environment improvement zone (hereinafter “project implementation zone”). (b) The E Urban Environment Improvement Project Establishment Promotion Committee (hereinafter “instant Promotion Committee”) obtained the Defendant’s consent of the majority of owners of land, etc. in the remaining 43,143,40 square meters, excluding the area designated as the land subject to consultation, 48,500 square meters in the above project implementation zone 48,500 square meters in the above project implementation zone (210 persons among the total 415 persons, 50.6% of the consent rate), the name of the project implementation zone as “E, 48,500 square meters”, and the area of the project implementation zone as “D,” among the Dong-gu Incheon Metropolitan City’s project implementation zone.

C. After the first approval disposition, 8 owners of land, etc. within 5,356,60 square meters of land subject to consultation agreed to incorporate the land owned by 41 owners into the project implementation scheduled zone in the future. The number of owners of land, etc. within the instant project implementation scheduled zone, excluding the land subject to consultation, was increased by 9 persons on the grounds of sale, etc.

On May 3, 2010, the instant promotion committee applied again for the approval of the composition of the promotion committee, along with a list of promoters replaced on the ground that part of the promotion committee members whose term of office has expired and the written consent of the owners of land, etc. newly agreed thereafter. On May 24, 2010, the Defendant: (a) on May 24, 2010, filed an application with the promotion committee of this case for the approval of the composition of the promotion committee; (b) the number of consenters, etc. is 432; (c) the number of consenters; (d) 232; and

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