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(영문) 인천지방법원부천지원 2019.05.28 2018가단106557
퇴거청구
Text

1. The Defendants shall withdraw the Plaintiff from each obstacles indicated in the separate sheet No. 1 annexed hereto.

2. The costs of lawsuit shall be.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Plaintiff’s business area 507,779m2 (hereinafter “instant business area”) in Kimpo-si.

A) An urban development project to create a residential complex according to the replotting method under the Urban Development Act (hereinafter “instant project”).

(2) On February 25, 2015, the Gyeonggi-do Governor announced the designation of an urban development project zone and the establishment of a development plan for the instant project zone in accordance with Articles 3, 4, and 9 of the Urban Development Act for the purpose of “to ensure a planned and systematic urban environment and urban infrastructure for E-ri areas in poor residential environment, and to ensure a pleasant urban environment through a systematic urban development project.”

After that, on April 21, 2016, Kimpo-si changed the area of the instant project area to 507,593 square meters, and publicly notified the designation of an urban development project area and the modification of the development plan.

3) On May 31, 2016, the Governor of the Gyeonggi-do announced the authorization of the instant project implementation plan and the topographic map, and on July 22, 2016, the Kimpo-si announced the authorization of the development plan, the implementation plan, and the topographic map. 4) The Kimpo-si approved the land substitution plan of the instant project area on January 16, 2017.

After that, on February 14, 2017, the Plaintiff issued the “public inspection announcement for the designation of the land scheduled for substitution and the “public announcement of the land scheduled for substitution” pursuant to the said land substitution plan. The public announcement was included in the purport that the effective date of the designation of the land scheduled for substitution shall be March 16, 2017, and the use and profit-making of the land determined not to determine the land substitution pursuant to Article 37 of the Urban Development Act (hereinafter “unscheduled land”) shall be suspended.

5) The land in the instant project area is 984m2 in Kimpo-si, Kimpo-si (hereinafter “instant land”).

As the owner of Defendant B, the land constitutes a non-land-to-land-to-land-to-land-to-land, and the Defendants are listed in the annexed Table 1.

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