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(영문) 의정부지방법원 2016.12.20 2016구합8505
환지예정지변경지정처분취소
Text

1. 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 in the area C (hereinafter “instant project”) in which the replotting method for the size of 99,275.9 square meters is conducted with respect to the area D (hereinafter “the instant project”). The Plaintiffs, as the owner of the land within the instant area, are the owners of the land located within the relevant area, the Plaintiff Pungsan Industrial Development Co., Ltd. (hereinafter “Plaintiff Pungsan”), who is the owner of the land located within the area of Goyang-si, Seoyang-si, Busan-si, E, F, G, Plaintiff H, and Plaintiff B, respectively.

(B) Each of the above lands of the plaintiffs is “the previous land” (hereinafter referred to as “the previous land”).

On May 11, 2006, the Governor of the Gyeonggi-do authorized the implementation plan of the project of this case to the Gyeonggi-do public notice, and the defendant applied for the land substitution plan under the provisions of Articles 27 and 28 of the Urban Development Act to the Goyang-si Mayor on July 16, 2007.

C. On August 22, 2007, the Defendant obtained authorization of a replotting plan from the high-sea market, and thereafter, issued a disposition of designating the previous land as the reserved land for replotting as indicated below (hereinafter “instant reserved land for replotting”).

(Opening position is the same as that on the left side of the drawing). Serial number of the previous land in this case, Plaintiff C-6(6) and 562.7 m2 on September 21, 2005, on September 23, 2009, 2009, the owner of the block- 1 E- 428 m20 m20 m275.9 m275 m275 m27.9 m39.9 m3 G forest, 353 m253 m203 m353 m2353 m203 m203.3 671.9 m20 4 m201.1.5, Plaintiff C-6(5 m25 m25 m25 m205.

D. After January 2009, around September 2009, around January 201, and around January 201, the Defendant obtained authorization for modification of each development plan and implementation plan, and obtained authorization for modification of each development plan and implementation plan on August 30, 201.

E. On January 8, 2016, the Defendant, according to the re-appraisal of the instant land reserved for replotting, made a public perusal and announcement of a land substitution plan, amendment, or amendment (M at Yangyang) with the content that adjusted the depreciation rate by increasing the appraised value according to the re-appraisal of the instant land reserved for replotting, and the Plaintiffs

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