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(영문) 인천지방법원 2016.06.23 2015구합51679
도시개발구역지정 및 개발계획수립 고시처분 등 취소 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Details of the disposition;

A. On December 16, 2013, the Committee for Promotion of the Urban Development Project of the District A (hereinafter “instant Promotion Committee”) proposed that the Defendant Kimpo-si, including the land owned by the Plaintiff, designate the KRW 507,779 square meters as an urban development zone. The Defendant Kimpo-si accepted the said proposal, and then requested Defendant Kimpo-do Governor to designate the KRW 507,779 square meters as an urban development zone.

B. The Defendant-do Governor: (a) deemed that the consent of 70 out of the total number of landowners and 127 landowners (5.12%) equivalent to 413,94 square meters (Dong rate of 81.52%) among total land size of 507,779 square meters (hereinafter “instant urban development zone”) was obtained; and (b) designated a “A district urban development project zone” (hereinafter “instant urban development zone”) pursuant to Articles 3 and 4 of the Urban Development Act with respect to the daily area of 507,779 square meters; and (c) formulated a development plan by replotting; and (d) publicly announced as C public notification of Gyeonggi-do on February 25, 2015.

(In the details of the land, the omitted portion was added to the Gyeonggi-do Public Notice D on March 23, 2015; hereinafter referred to as “the designation of the instant urban development zone and the disposition of establishing a development plan”).

The instant promotion committee filed an application for authorization to establish the Urban Development Project Association with Defendant Kimpo-si on April 4, 2015, and on April 4, 2015, the Defendant Kimpo-si approved the establishment of the instant promotion committee with respect to the instant promotion committee on the ground that the instant promotion committee obtained consent of 71 (56.4%) out of the total number of land owners in 126 land owners within the area of the instant promotion committee equivalent to 39,816 square meters (74%) out of the total area of 507,779 square meters in the instant urban development zone.

(hereinafter “instant disposition to establish the association”). D.

A District Urban Development Project Cooperatives (hereinafter referred to as the “instant Cooperatives”) shall be designated from the defendant Kimpo Market as an implementer of the instant urban development project, and an implementation plan for the instant urban development project shall be prepared on May 31, 2016.

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