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(영문) 수원지방법원 2018.04.03 2017구합65525
환지예정지처분무효 확인의 소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs are the owners of each land indicated in the separate sheet (hereinafter “each land of this case”), and the Defendant is the project implementer of the D District Urban Development Project (hereinafter “instant project”) that runs at Pyeongtaek-si E-dong and 741,826.4m2, including each land of this case.

B. The Governor of the Gyeonggi-do announced G on January 14, 2008, publicly announced the designation of an urban development zone and the formulation of a development plan for the project of this case, and publicly announced the approval of the implementation plan for the project as H announced by Gyeonggi-do on November 24, 2010.

C. On March 21, 2012, the Defendant held the sixth Land Evaluation Council (hereinafter “instant Land Evaluation Council”) and deliberated on the agenda items, etc. of “detailed standards for establishing land substitution plans.”

The foregoing agenda includes a bill stating that “The value of the land owned by the association members who own land of not more than 20,000§³ shall be adjusted upward by 3% below the appraised value” (hereinafter “instant agenda”). D.

The Defendant obtained authorization of a land substitution plan for the instant project from Pyeongtaek-si on May 22, 2014, and the period of public inspection on June 13, 2014 from June 13, 2014 to June 26, 2014, and the date when the designation of land substitution for replotting takes effect is June 27, 2014, and the instant disposition of the designation of land substitution for replotting for the instant project (hereinafter referred to as the “disposition of the instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, 7, 9 (each entry, including virtual numbers, and the purport of the whole pleadings)

2. The plaintiffs' assertion

A. Since the land appraisal council of this case has a serious illegal cause as follows, the instant disposition based on the deliberation of the said land appraisal council is null and void a year.

1 The assessment value of the land owned by the owner shall be increased by 3% for the meeting items listed in the notice of convening the Land Appraisal Council, and the assessment value of the land owned by the owner shall be increased by less than 20,000 square meters.

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