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(영문) 광주지방법원 2017.10.19 2016구합12486
환지예정지지정처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

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

(b) 1) Notice of the Urban Development Project Announcement D: A public notice of the designation of an urban development zone and the approval of a topographical map of the development plan and the approval of the designation of an urban development zone of the Gwangjuyang B zone on January 29, 2015: 2) public notice of the Jeonnam-do on March 26, 2015: G public notice of the designation of an urban development project zone of the Gwangjuyang F andB zone (a change), a development plan (a change), a project implementer designation, and a public notice of the approval of an implementation plan on March 26, 2015: H public notice of the designation of an urban development project zone of the Gwangju F andB zone (a change), a development plan (a change), and a topographic map based on the approval of an implementation plan on November 5, 2015: public notice of the approval of an implementation plan of the Gwangjuyang F andB zone (a change) on March 17, 2016.

C. On October 5, 2015, the Defendant’s establishment of a land substitution plan and public announcement thereof (1) on December 30, 2015, holding a resident presentation meeting to formulate a land substitution plan on November 30, 2015 (2) holding a land appraisal council on November 30, 2015) announcement of a land substitution plan and public inspection on December 16, 2015 (4) on April 20, 2016, public announcement of a land substitution plan for secondary public inspection on May 20, 2016.

D. On July 13, 2016, the Defendant issued a disposition of designating land as a planned land substitution (hereinafter “instant disposition”) with respect to the land located in the instant urban development zone.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to Article 27-2(2) of the Enforcement Rule of the Urban Development Act, the average rate of land substitution design shall not exceed 50%.

However, the defendant's average burden is unreasonably reduced by way of excessive appropriation of the total project cost and the appraised value of the land after reorganization as follows.

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