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(영문) 인천지방법원 2015.08.13 2014구합3147
도시계획시설실시계획인가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On January 8, 194, the Japanese colonial Rule No. 1944, the Japanese colonial Rule, determined that the Japanese colonial Rule J 173,000 square meters was a park district in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the above area included the land owned by the plaintiff A, B, and H land owned by the plaintiff C (hereinafter referred to as the "each land of this case").

B. On June 16, 1971, the area of the E Park was changed to 51,300 square meters by a construction announcement made on September 29, 1986, the area of the E Park was changed to 51,300 square meters by M, a construction announcement made on September 29, 1986.

C. On July 16, 2001, the Defendant approved the implementation plan for the E Park Creation Project (the date of commencement and completion of the project: July 2001 to December 31, 201) (the date of completion of the project: July 2001 to December 31, 201) as the project implementer of Bupyeong-gu Incheon Metropolitan City (hereinafter “instant urban planning facility project”).

(hereinafter “instant authorization disposition”) D.

On November 29, 2010, the Defendant changed the completion date of the above implementation plan to December 31, 2015 by the Nro notified in Incheon Metropolitan City.

Around June 2014, the head of Bupyeong-gu Incheon Metropolitan City filed an application with the Defendant for authorization to amend the implementation plan to extend the completion plan to December 31, 2017. However, on October 13, 2014, the Defendant changed the implementation plan to include the new construction of a multi-purpose sports center without changing the completion plan for the public announcement of Incheon Metropolitan City.

(hereinafter referred to as the “instant modified authorization”). E.

The head of Bupyeong-gu Incheon Metropolitan City has secured ownership of 76 parcels out of 79 parcels of land in the E Park project zone through compensation, but does not proceed with compensation for the remaining three parcels of land, including each of the instant parcels of land.

Plaintiff

A and B filed an application for adjudication on expropriation of each of the instant lands with respect to the head of Bupyeong-gu Incheon Metropolitan City around May 2013, and around July 2014, but the head of Bupyeong-gu Incheon Metropolitan City shall not set the budget due to financial problems.

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