All of the plaintiffs' claims are dismissed.

The costs of lawsuit, including the part resulting from participation, shall be borne by the plaintiffs.

Details of the disposition

On October 15, 2019, the Defendant: (a) designated the F Public Housing Zone (hereinafter “instant public Housing Zone”); and (b) publicly announced its topographical drawings, etc. (hereinafter “instant disposition”); (c) the Plaintiffs are the owners of overcheon-si G and H land (hereinafter “instant land”) located in the instant public housing zone.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 3, and the purport of the entire argument of the plaintiffs' assertion as to the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate, are located in the public housing district of this case, or where the development was almost possible in the case of JJ, Dong and K, or most of the land owned by the government or local governments, but the case of consent of the Sincheon-si, which includes the land owned by the plaintiffs is already developed and traded at a very high price, and the plaintiffs are developing and using the land of this case

Nevertheless, the defendant arbitrarily designated the land of this case as a public housing zone, and the disposition of this case is unlawful since it is highly infringed on the plaintiffs' property rights compared to the public interest to be achieved through this, since it exceeds and abused discretion.

Judgment

According to Article 6 (1) of the Special Act on Public Housing, the Minister of Construction and Transportation of the National Land may designate an area necessary to implement a public housing zone development project as a public housing zone or alter or cancel the designated housing zone, and such designation of a public housing zone is to contribute to the pleasant housing life of citizens by promoting the stabilization of housing and the improvement of housing standards for ordinary people through the smooth construction and effective operation of public housing.

The plaintiffs claim that the vicinity of the land owned by the plaintiffs is not necessary to be designated as a public housing zone because it has already been developed, but such claim shall be considered in designating a public housing zone under the Special Act on Public Housing.