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(영문) 인천지방법원 2019.05.16 2017구합53327
환지예정지(변경)지정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 20, 2005, the Mayor of Incheon Metropolitan City: (a) designated and publicly announced an urban development zone for “B urban development project” (hereinafter “instant project”) with respect to the Yeonsu-gu Incheon Metropolitan City E, Yeonsu-gu, Incheon Metropolitan City, including D large 311 square meters (hereinafter “instant land”), which is owned by the Plaintiff, for the purpose of “B urban development project” (hereinafter “instant project”); and (b) formulated and publicly announced a development plan by replotting.

On December 6, 2005, the Mayor of Incheon Metropolitan City approved the establishment of an association with the Defendant, designated the Defendant as the implementer of the instant project on January 17, 2008, and on April 6, 2009, approved and publicly notified the implementation plan for the instant project prepared by the Defendant as the Incheon Metropolitan City NotificationF.

B. On October 22, 2010, the Defendant prepared a land substitution plan for the instant project and obtained authorization for a land substitution plan from the head of Yeonsu-gu Incheon Metropolitan City (hereinafter “the head of Yeonsu-gu”) and designated land as a land substitution plan for the instant project on November 1, 2010. As to the instant land, the Defendant designated the instant land as a land substitution plan for multi-family housing (right area / 91,044) which is the land scheduled for collective land substitution within the instant project zone.

(C) On December 24, 2003, the previous owner of the instant land filed a collective land substitution application with respect to the instant land, and thereafter, the Defendant publicly announced and notified the period for collective land substitution application to acquire the land ownership after the period for collective land substitution application was determined on August 7, 2006.

On January 13, 2014, the Mayor of Incheon Metropolitan City amended the development plan for the project of this case to I, and revised and publicly announced the implementation plan.

The defendant divided G block for multi-family housing site into J-K Twit, and alters a replotting plan to designate the land of this case as J-rote for multi-family housing site, which is the land scheduled for collective replotting, into G block for multi-family housing site.

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