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(영문) 인천지방법원부천지원 2020.09.25 2020가합101392
손해배상(기)
Text

The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 14, 2006, Gyeonggi-do designated 27,260 square meters as a village district under Article 30 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), including each land indicated in the corresponding column by Plaintiff on the attached list (hereinafter “each land of this case”).

Afterward, the Defendant planned to implement road (F, G) and park (small Park) projects (hereinafter “road projects in this case”) in E community district in order to provide the convenience of the residents in the above community district. On October 13, 2008, the Defendant approved and announced the above plan’s implementation plan on October 13, 2008, and completed the registration of ownership transfer based on consultation on each land in this case owned by the Plaintiffs from the Plaintiffs on December 15, 2008.

B. The Ministry of Land, Transport and Maritime Affairs, pursuant to Article 6 of the former Special Act on the Construction of Bogeumjari Housing, etc. (wholly amended by Act No. 9511 on March 20, 2009 and enforced on April 21, 2009; hereinafter “former Bogeumjari Housing Act”), designated and publicly announced as a L-based Housing Zone (hereinafter “instant Housing Zone”) for the purpose of a Bogeumjari Housing Project (hereinafter “instant Housing Project”) on December 3, 2009, including each of the instant land as H and publicly announced by the Ministry of Land, Transport and Maritime Affairs on December 3, 2009.

(hereinafter referred to as “public notice of the designation of the instant housing zone”)

On April 27, 2010, the Ministry of Land, Transport and Maritime Affairs approved and publicly notified the designation and alteration of housing zones and district plans for the housing zone of this case as MU as published by the Ministry of Land, Transport and Maritime Affairs on April 27, 2010.

(hereinafter “Public Notice of Approval of the instant district plan”). D.

The contents of the relevant statutes relating to the issues of the instant case are as follows.

Article 12 (1) The Minister of Land, Transport and Maritime Affairs shall designate or designate the Bogeumjari Housing District (hereinafter referred to as the "Housing District").

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