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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. B district Urban Development Project Association (hereinafter “instant association”) is an implementer of an urban development project with a size of 475,948 square meters of Pyeongtaek-si C (hereinafter “instant project”). The Plaintiff is operating the temple, “Ea” while owning a land for Pyeongtaek-si D Religious (hereinafter “instant land”) and a building on its ground (hereinafter “instant building”) located within the instant project area.
B. The instant association established a land substitution plan to implement the instant project by replotting in the entire project area, and obtained authorization for a land substitution plan from the Defendant on December 17, 2015.
Period: Documents related to the period from December 15, 2016 to December 30, 2016 (15 days): The effective date of the designation of a planned land substitution, such as a protocol of designation of a planned land substitution, a drawing, and a written authorization of a land substitution plan: The date of suspension of use and profit-making under Article 37 of the Urban Development Act on December 31, 2016: January 15, 2017.
On December 15, 2016, the instant association designated each of the instant land, etc. as a planned land substitution to F for the instant land, etc. on the public announcement of the instant association, and publicly announced the designation of a planned land substitution to the following contents. The instant association individually notified the landowners, including the Plaintiff, of the designated details by mail and issued the protocol
(hereinafter “instant disposition of designating reserved land for replotting”). D.
On October 24, 2017, the instant association filed an application for permission to remove obstacles to the instant building for the implementation of the instant project, and the Defendant accepted the said application on November 7, 2017 and granted permission (hereinafter “instant disposition”).
E. On December 11, 2017, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the Gyeonggi-do Administrative Appeals Commission dismissed the said appeal on February 21, 2018.
[Ground of recognition] Facts without dispute, and evidence Nos. 1 to 3.