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(영문) 의정부지방법원 2019.01.10 2017구합11164
고양시 능곡재정비촉진지구 변경지정 및 재정비촉진계획 결정 취소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

Details of the disposition

Defendant-do, on November 5, 2007, planned and promoted the improvement of residential environment, expansion of infrastructure, and recovery of urban functions in underdeveloped areas in a wide area, and promoted them systematically and efficiently. In order to promote the balanced development of new and old cities, the Defendant-Do Governor designated the area of 805,789 square meters in Goyang-si, Hayang-si as an urban renewal acceleration district pursuant to the Special Act on the Promotion of Urban Renewal (amended by Act No. 10599, Apr. 14, 201; hereinafter “former Urban Renewal Act”), and publicly announced it as a J public notice of Gyeonggi-do.

Defendant Yangyang-do established an urban renewal acceleration plan for A urban renewal acceleration district and applied for the determination of the urban renewal acceleration plan to Defendant Gyeonggi-do Governor on February 13, 2010, and on July 29, 2010, the Defendant Gyeonggi-do Governor publicly notified as F of Gyeonggi-do on July 29, 2010. The Defendant Gyeonggi-do Governor announced as follows: (i) an urban renewal acceleration plan with a content of extending the area of the urban renewal acceleration district previously designated from 805,789 square meters to 843,817 square meters to approximately 4.7% (hereinafter “instant district alteration designation”); and (ii) as indicated below, publicly notified the determination of the urban renewal acceleration plan with a content of designating the E area as an urban renewal acceleration district

(2) The lower court determined the following facts: (a) the lower court’s determination of the renewal acceleration plan as to E area; and (b) the lower court did not err by misapprehending the legal doctrine on the renewal acceleration plan; and (c) the lower court did not err by misapprehending the legal doctrine on the renewal acceleration plan; (d) the lower court did not err by misapprehending the legal doctrine on the renewal acceleration plan; and (e) the lower court did not err by misapprehending the legal doctrine on the renewal acceleration plan; and (e) the lower court did not err by misapprehending the legal doctrine on the renewal acceleration plan, etc.; and (e) the lower court did not err by misapprehending the legal doctrine on the renewal plan, etc.; and (e) the lower court did not err by misapprehending the legal doctrine as to the renewal plan, etc., as otherwise alleged in the ground of appeal.

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