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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant is the implementer of the inspection team three urban development project in Seo-gu, Seo-gu, Incheon Metropolitan City (hereinafter “instant project”). The Plaintiff is the owner of the 145-9 large scale 3,296 square meters in Seo-dong, Seo-gu, Incheon Metropolitan City (hereinafter “instant land”).
On March 10, 2017, the Defendant obtained authorization of a land substitution plan from the head of Seo-gu Incheon Metropolitan City, and designated the land within the instant project zone as a planned land substitution for land land. On April 12, 2017, the Defendant designated the instant land owned by the Plaintiff as a planned land substitution for land substitution (hereinafter “instant disposition”).
145-9 3,296, 296-3, 296-125 - 13, 421.5 3, 421.50 - 3, 421.50 - 13, 421.50 - - 13, 421.50 - 13, 13, 421.50 - The purport of the whole pleadings is as follows: (a) the area to be included in the m2. m2; (b) the (f) the area to be charged with the (m2. m2) the area of the block (BL) the area to be located in the m200
2. Whether the disposition is lawful;
A. At the time of the public announcement of the application for collective land substitution, the Defendant alleged that “collective land substitution is applied for designation as a condition that the implementer of the urban development project implements or consents to the sale of the apartment house business entity” was designated as a condition that the application for collective land substitution was made. Accordingly, the Plaintiff filed a collective land substitution application with the Defendant on the condition that DD Construction Co., Ltd. (hereinafter “DD Construction”) which is a multi-family housing business entity purchases the instant land. Since DD Construction did not purchase the instant land, its condition was not fulfilled, the Defendant’s disposition of this case is significant and apparent.
(b) 1 DD Construction is a project area in this case before the application for collective substitution is filed.