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(영문) 광주고등법원 2018.12.20 2017누5460
환지예정지지정처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

3. Attached Form 1 of the judgment of the first instance.

Reasons

1. Details of the disposition;

A. The Defendant is the implementer of an urban development project (hereinafter “instant urban development project”) with respect to the area of 546,161 square meters (hereinafter “instant urban development zone”) in Mineyang-si A(B) and Mineyang-si C, and the Plaintiffs are the owners of land incorporated into the instant urban development zone.

(b) Notice 1) Do Jeonnam-do Notice No. 1 on March 5, 2012: Huyang-do Notice No. D on January 29, 2015 (Public Notice No. 2) announced on January 2015, 2015: Gwangju-do Public Notice No. Ga on March 26, 2015 (Public Notice No. 3): Gwangju-si on March 26, 2015: Gwangju-do Public Notice No. Mayang-do on March 5, 2015 (Public Notice No. 4 in accordance with Designation of an Urban Development Project Zone (Modification), Development Plan (Modification) and Implementation Plan: Mayang-do Public Notice No. Huyang-do Public Notice on March 17, 2016 (Public Notice No. 5 of Authorization for Change) of the Implementation Plan for the Urban Development Project of Gwangju-do.

C. On October 5, 2015, the Defendant’s formulation and public announcement of a land substitution plan and the Defendant’s public announcement of the land substitution plan (1) on December 1, 2015, 2015 (2) holding resident presentation meetings to formulate a land substitution plan on November 5, 2015 - December 11, 2015 (3) holding a land substitution plan (4) holding the Land Assessment Council on November 30, 2015) - December 16, 2015 - March 2, 2016 (5) announcement for a land substitution plan and public inspection for the first time on January 7, 2016) - June 2016 (hereinafter “instant land substitution plan”) on May 20, 2016 (hereinafter “instant land substitution plan”).

Establishment

D. On July 13, 2016, the Defendant publicly announced the designation of land scheduled for replotting on July 14, 2016 with the effective date for the land located in the instant urban development zone (hereinafter “instant disposition”), and on June 30, 2018, publicly announced the disposition of replotting on June 30, 2018.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion is the Urban Development Act.

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