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(영문) 인천지방법원 2018.07.05 2017구합51031
장기미집행 시설 해제입안신청 반려처분 취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is the owner of the land indicated in the attached Table 1 List, and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”).

the owner of the land listed in [Attachment 2]

Land listed in attached Table 1 (hereinafter referred to as "land of this case") and land listed in attached Table 2 shall be "land of this case".

B. The land of this case is not more than the land of Yeonsu-gu Incheon Metropolitan City C, which includes the land of this case, “the site of the instant amusement park facilities.”

On February 9, 1970, the Ministry of Construction and Transportation announced a change in the urban planning (public notice of the Ministry of Construction and Transportation) to the contents of the determination as urban planning facilities (urban planning). Of the site for the instant amusement park facilities, some of the land including the instant land has been running the urban planning facility project as follows (after the public notice of the authorization of the implementation plan on May 30, 200, there was a public notice of the change in the implementation plan several times before the public notice of the authorization of the implementation plan on February 12, 2007.

- The Defendant’s permission to implement the project for urban planning facilities (type of amusement park facilities, business title: E amusement park facilities, project implementer: Plaintiff B, and project implementer: December 30, 1981) on June 13, 1981 - the Defendant’s authorization and public notice of the implementation plan for urban planning facilities (E amusement park) on May 30, 200 (the Incheon Metropolitan City public noticeF) - the Defendant’s authorization and public notice of the implementation plan for urban planning facilities (E amusement park) on February 12, 2007 (the Incheon Metropolitan City public notice of G: the title of the business: Erilic, Erilic, 254,403 square meters, and 103,280.9 square meters from the Erilic, 254,403 square meters, and the project implementer: Plaintiff B and the scheduled date of completion of the project: December 30, 208) - the Defendant’s urban management plan (the public notice of the Incheon Metropolitan City public notice of modification.

C. On March 31, 2008, the Defendant: (a) designated and publicly announced a tourism complex (E-tourism complex) under the Tourism Promotion Act with respect to part of the land including the instant land among the site for the instant amusement park facilities (E-tourism complex); and (b) announced the approval of the development plan for E-tourism and the topographic map on October 10, 201 (J of Incheon Metropolitan City’s notification); and (c) planned and planned national land.

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