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(영문) 수원지방법원 2020.11.19 2020구합63772
환지계획인가무효확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the Plaintiff, including the part resulting from the participation.

Reasons

1. Details of the disposition;

A. The Governor of the Gyeonggi-do, on March 12, 2012, shall publicly notify the designation of an urban development zone and the formulation of a development plan, etc., to the Gyeonggi-do public notice of the Gyeonggi-do, which is 172,951 square meters in Pyeongtaek-si D (hereinafter “E district development zone”).

2) An urban development project by designating substitute land as an urban development project (hereinafter “instant urban development project”).

(2) A public announcement of the designation of an urban development zone and the establishment of a development plan (hereinafter referred to as “instant development plan and plan”) was made with the content that the development plan will be implemented.

(2) On March 4, 2015, the Intervenor joining the Defendant (hereinafter “ Intervenor”) obtained authorization from the Defendant to establish the instant urban development project implementer (hereinafter “instant authorization to establish the association”), and the Plaintiff is the land owner located within the instant urban development zone and is the Intervenor’s member.

B. An intervenor with the authorization of an implementation plan established and submitted an implementation plan for the instant urban development project, and the Gyeonggi-do Governor approved and publicly notified the implementation plan as F of the Gyeonggi-do Public Notice on July 13, 2018.

C. An intervenor in the land substitution plan authorization disposition applied for authorization of the land substitution plan to the Defendant after formulating the land substitution plan, and the Defendant issued an application for authorization of the land substitution plan on July 13, 2018 with certain conditions attached thereto.

(hereinafter referred to as “instant land substitution plan authorization disposition”) / [the grounds for recognition] of absence of dispute, Gap’s evidence Nos. 1, 2, and 3, Eul’s evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Details of the relevant Acts and subordinate statutes;

(a) The designating authority of an urban development zone shall designate an urban development zone with consent of at least 2/3 of the area of land in the area to which the replotting method applies and of at least 1/2 of the total number of landowners in such area and formulate

[Article 4 (1), (4), and (6) of the former Urban Development Act (Amended by Act No. 11650, Mar. 22, 2013)] B.

. Land substitution method.

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