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(영문) 인천지방법원 2019.01.17 2017구합52348
관리처분계획취소
Text

1. Of the instant lawsuits, the management and disposal plans authorized by the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, on March 8, 2017.

Reasons

1. Basic facts

A. On February 5, 2007, the Mayor of Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project”) formulated a rearrangement plan and designated a rearrangement zone for the E zone residential environment improvement project of Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project”).

On March 7, 2016, the Mayor of Incheon Metropolitan City changed the method of implementing the instant project by constructing and supplying housing, etc. in accordance with the management and disposal plan, and changed the implementation plan and the designation of the improvement zone in the Incheon Metropolitan City publicly notified G in accordance with the improvement plan, such as supplying all remaining housing units other than housing units to be sold to the owners of land, etc., as rental housing, to a company-type rental business operator, and the head of Bupyeong-gu Incheon Metropolitan City (hereinafter referred to as the “head of Bupyeong-gu”) changed the implementation plan of the instant project on July 22, 2016 by designating the defendant as the project implementer and the defendant constructed and supplies housing units and appurtenant welfare facilities in accordance with the management

B. The Plaintiff A religious organization B church (hereinafter “Plaintiff church”) is the owner of 252 square meters of land in Bupyeong-gu Incheon, Bupyeong-gu, Incheon within the instant business area, and the Plaintiff Incorporated Foundation C is the owner of 1,664 square meters of land and its ground church buildings located within the instant business area.

Each land owned by the plaintiffs (hereinafter referred to as the "land of this case") has been used as land attached to the above church building.

C. On January 22, 2017, the Defendant: (a) formulated a management and disposal plan stating that multi-family housing 5,678 households (the 3,589 households among them shall be commercial rental housing; and (b) 550 households shall be constructed as public rental housing); and (c) allocating 3,962.9 square meters as a religious site (hereinafter “previous management and disposal plan”); and (d) on March 8, 2017, the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu announced it as K.

In the instant business area.

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