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(영문) 인천지방법원 2018.12.21 2018구합50936
이의신청불수용처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. On October 27, 2006, the head of Seo-gu Incheon Metropolitan City announced the public perusal according to the proposal for the designation of J-based housing site development district with respect to 11,188,450 square meters in Seoul, Seo-gu, Incheon, Seo-gu, the Ministry of Land, Transport and Maritime Affairs announced on February 6, 2009, the Minister of Land, Transport and Maritime Affairs announced the designation and alteration of the housing site development district and the approval of the development plan of the J-based housing site development district (hereinafter “instant

B. The Defendant is the implementer of the instant project, and the Plaintiffs are co-inheritors of LA who died around June 2016 (hereinafter “the deceased”).

C. Around 1976, the deceased newly constructed and owned a total of 246.36 square meters of the size of the building in the Seo-gu Incheon, Seo-gu M Ma’s ground block building, the string roof house, warehouse, and stable (hereinafter “the Gu building”). Around 2004, the deceased demolished the Gu building in this case and constructed a new building of G, H ground block block building, string roof, and 246.36 square meters of the string roof (hereinafter “the new building in this case”).

On September 5, 2005, the Deceased filed a report on the construction of the new building of this case with the head of Seo-gu Incheon Metropolitan City on the condition of the donation of access roads. However, the project of this case was conducted between delay of the commencement of the construction of access roads due to shortage of funds. After July 2009, the Deceased applied for the construction of access roads and the division of land on the part of access roads. However, as to the land for which the housing site development project was commenced under Article 26 (3) of the former Cadastral Act (amended by Act No. 9774 of Jun. 9, 2009), only the project operator may apply for the land alteration until the completion of the project. However, as the Defendant was unable to divide the land unrelated to the instant new building on August 10, 2009, the approval for use of the new building of this case

E. Meanwhile, around December 2016, the Defendant established and publicly announced the relocation measures of the instant project, and among the relocation measures, the housing site for the migrants.

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