이주자택지대상자제외처분취소 청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The defendant is the operator of the housing site development project (D publicly notified by the Ministry of Land, Transport and Maritime Affairs; hereinafter referred to as the "project of this case") with a project area of 1,174,600 square meters in Gyeyang-gu Seoul Metropolitan City B.
On August 13, 2010, the Plaintiff received compensation for the instant housing from the Defendant, as the owner of the Goyang-gu E-Ground Housing (hereinafter “instant housing”) incorporated into the instant business zone.
Around October 2008, the Defendant established and publicly announced the relocation measures for the instant project, and determined the requirements for those subject to the supply of the housing site for migrants as “a person who has continuously owned and resided in the instant housing continuously from one year before the date of public inspection and public announcement of the designation of the planned housing site development area ( July 29, 2005) to the date of conclusion of the indemnity agreement or the date of adjudication of expropriation, and who has received compensation for the said housing from the Defendant and emigrateed due to the execution of the instant project (excluding a corporation or organization and an unauthorized building owner constructed after January 25, 198
On March 27, 2015, the Plaintiff filed an application with the Defendant for the selection of a person subject to relocation measures, and the Defendant notified the Plaintiff of the exclusion of the person subject to relocation measures.
(hereinafter “Notice of March 27, 2015.” Accordingly, the Plaintiff filed an objection on April 27, 2015, and the Defendant, on June 18, 2015, notified the Plaintiff of the instant non-conformity on the ground that the instant housing was an illegal building as a result of the review of the objection against relocation measures.
The Plaintiff received the notice of the result of the instant objection and filed a second objection, but the Defendant, on August 28, 2015, notified the Plaintiff of the lack of qualification to the same effect.
After that, on July 2018, the plaintiff submitted to the defendant a written application for the selection of the person subject to relocation measures (resettled site) through the subordinate law firm, which is the applicant representative, as the applicant representative.
On July 23, 2018, the defendant sent a reply to the plaintiff on July 23, 2018 that he does not constitute a person eligible for supply of migrants' housing site
hereinafter referred to as "the reply of this case"
(ii)(based on recognition.).