beta
(영문) 수원지방법원 2017.07.11 2016구합69377

이주자택지대상자제외처분취소 청구의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the project implementer of the G Housing Site Development Project (hereinafter “instant project”) whose project area covers a single unit, such as Pyeongtaek-si B, Dong C, Ddong, E Dong, FMyeon, etc.

B. On January 15, 2014, the Plaintiff entered into a compensation contract with the Defendant for obstacles to the instant housing, etc., as the owner of Pyeongtaek-si’s ground housing incorporated into the instant business zone (hereinafter “instant housing”).

C. Around May 2014, the Defendant established and publicly announced relocation measures for the instant project, and the main contents are as follows.

G Guidance on the implementation of migration and living measures

1. The period and place of application from July 1, 2014 to September 30, 2014; LH H H H H H H HH project headquarters I (hereinafter omitted) at the place of application;

2. The base date, such as the date on which persons subject to measures for resettlement life are selected: December 23, 2005 (Public Announcement Date for Inspection of Residents of District Designation).

3. Information related to the application (1) This notice is not required to be sent to the district residents regardless of whether they are subject to the countermeasures against migration, and thus, it is not required to become subject to the measures for migration and livelihood because it has been served with the present notice on the basis that they are.

(2) The application documents shall be received only where the principal or the delegated branch submits them within the designated period, and the receipt shall not be issued and all the documents submitted shall not be returned.

If the application is not received, the applicant shall be deemed to have no intention, and the applicant shall be deemed to be out of the person subject to the relocation measures and living measures shall be again informed once.

1) A person subject to relocation measures for migrants’ housing site (self-owned housing site): A person who continues to own a house for more than one year prior to the date of public inspection by G residents (or the date of conclusion of a compensation contract (or the date of adjudication of expropriation) and has resided in the house continuously, and an owner of a building without permission, a corporation, or an organization relocating due to the implementation of a project after receiving compensation for the house from the project operator, shall be excluded (hereinafter omitted).

D. The plaintiff is determined by the relocation measures established by the defendant.