이주대책대상자제외처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the instant disposition
A. The Defendant is the implementer of the “B general industrial complex development project” (hereinafter “instant industrial complex development project”) (hereinafter “instant project”), and the progress of the instant project is as follows.
1) On December 7, 2006, the public announcement of the opinions of residents for the designation of a local industrial complex C (IV) (Seoul Metropolitan City public announcement D; hereinafter “instant public announcement”) is made.
(2) On December 31, 2008, on December 31, 2008, the public notice of designation of a general industrial complex (development plan) and the public notice of topographic drawings (the public notice of Gwangju Metropolitan City E; hereinafter “instant public notice”) on March 31, 2007; the public notice of the alteration of designation of a general industrial complex (development plan) and the public notice of the approval of the alteration of implementation plan (the public notice of Gwangju Metropolitan City F) on December 15, 2010 (the public notice of the development plan) and the public notice of the alteration of implementation plan (the replacement of the operator of the instant project to
B. On June 27, 2006, the Plaintiff obtained a building permit for a single-story house of 48.6 square meters (hereinafter “instant building”) in Gwangju Mine-gu, Gwangju District, and other H ground located within the instant business area, and the same year.
6. 28. 28. The construction of the building of this case started, completed the move-in report on the building of this case on November 24 of the same year, and registered as the owner of the building of this case on the same day after obtaining approval for use of the building of this case on January 10, 207.
C. On April 24, 2013, the Gwangju Metropolitan City Land Tribunal: (a) the Defendant, who is the project implementer, expropriated the instant building for the instant project; (b) made a ruling on the commencement date of expropriation on June 8, 2013.
On December 2014, pursuant to Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and Article 40 of the former Enforcement Decree of the Land Compensation Act (amended by Presidential Decree No. 26867, Jan. 6, 2016; hereinafter “former Enforcement Decree of the Land Compensation Act”), the Defendant established relocation measures following the implementation of the instant project.