1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

A C Park of 73,926 square meters in Bupyeong-gu, Incheon (hereinafter referred to as the “instant Park”) was publicly announced on September 29, 1986 that the decision of urban planning facilities (park) was publicly announced as D on September 29, 1986, and the park building plan was publicly announced on December 9, 199, and the authorization of implementation plan was publicly announced on November 29, 199, and the C Park Creation Corporation (1), from December 22, 2001 to June 29, 2002, and from December 24, 2003 to December 24, 2004, the C Park Creation Corporation (2j) was implemented.

On December 14, 2015, the Mayor of Incheon Metropolitan City publicly announced a plan for receipt of proposals for special urban park development activities with the following contents as E in the public announcement of Incheon Metropolitan City for 11 undeveloped urban parks in Incheon Metropolitan City, including the instant park:

1. Outline of projects for special cases concerning urban park development activities;

(a) Persons subject to application: Urban parks with an area of not less than 50,000§³ in total;

(b) Conditions for projects: Not less than 70 percent of the area of a park created (donation) and less than 30 percent of the area of a park for installation (cancellation, etc. of a park) of non-park facilities

(c) Securing project costs: Costs borne by the private park promoters;

2. Method of project implementation and standard for selecting project recipients;

(a) The first priority applicable to the method of project implementation: The method of public offering (where at least two project proposals for the same conditions are received as a result of the implementation of the proposal method);

(b) 1) If the receipt of a proposal within four months after the public announcement of the selection of a project target is made, the project target shall be determined: Provided, That if there are at least two cases in receipt of the proposal, the first priority shall be given according to the order of priority: The method of single implementation (2/3 of land and 1/2 of the owner): the joint method of implementation (public-private partnership) (4/5 of the site purchase cost);

3. A plan for receipt of proposals for special projects;

(a) Land subject to the special project: The area of a park located in the name of a park in the jurisdiction of 11, and the area of a Gun/Gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, 73,926;

4. Other matters scheduled for the promotion of private parks shall be determined on the scale, possibility, etc. of the special project, and all responsibilities arising from the proposal shall be borne by the proposer.