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(영문) 인천지방법원 2020.06.12 2018구합55719
정비구역 직권해제처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the defendant’s participation.

Reasons

1. Basic facts and the background of the instant disposition;

A. Plaintiff A Housing Redevelopment Project Promotion Committee (hereinafter “Plaintiff Promotion Committee”) is an association establishment promotion committee under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which is organized to implement a housing redevelopment project in the Nam-gu Incheon Metropolitan City PJ 160,201.8 square meters (hereinafter “instant rearrangement zone”), and the rest of Plaintiffs are the owners of the land, etc. located in the rearrangement zone of this case.

B. On December 14, 2009, the defendant designated the rearrangement zone in this case as a housing redevelopment improvement zone, and publicly notified the maintenance plan and the designation of the rearrangement zone.

C. On November 5, 2018, pursuant to Article 21(1)2 of the Urban Improvement Act and Article 4-4(2)2 of the Incheon Metropolitan City Ordinance on the Improvement of Urban and Residential Environments (hereinafter “Urban Improvement Ordinance”), the Defendant issued a notice of cancellation of housing redevelopment improvement zone and the topographical map (Public NoticeO of Incheon Metropolitan City) to cancel the rearrangement zone in the housing redevelopment improvement zone on the following grounds:

(hereinafter “instant rearrangement zone cancellation disposition”). At least 30/10 of the owners of land, etc. who did not apply for authorization to establish an association (limited to the application with all accompanying documents) within three years from the date of approval by the promotion committee (referring to the first approval date) and requested cancellation of the zone (based on recognition), each entry in Gap’s Nos. 1 and 4 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Summary of the plaintiffs' assertion

A. Violation of law in calculating the consent rate 1) The Defendant’s ratio of the owners of land, etc. who requested cancellation of the rearrangement zone (hereinafter “ratio of cancellation consent”).

in calculating B, total number of owners of land, etc. has been calculated as 1,483, but actually 1.

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