이주대책대상자 지위확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a project implementer that has obtained approval [this case’s project] of the implementation plan for the “B construction project” (hereinafter “instant project”) which is an electric source development business that constructs two power generation facilities from the Minister of Trade, Industry and Energy (hereinafter “the instant project”). The Plaintiff is the owner of the e-ground low-rises E (hereinafter “instant housing”) located in the area where residents move to move due to the instant project.
B. The Plaintiff’s mother residing in the instant housing died on September 27, 2014, and the Plaintiff filed a move-in report with the instant housing on October 1, 2014.
C. On April 2016, the Plaintiff filed an application with the Defendant for the selection of a person subject to relocation measures and compensation for resettlement, but failed to be selected as a person subject to relocation measures.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4, 11, 12 (including each number in the case of provisional evidence), Eul evidence 4, the purport of the whole pleadings
2. In the case of the Plaintiff’s assertion, the “date of public notice, etc. under the relevant Acts and subordinate statutes for public works” under Article 40(3)2 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) shall be deemed the date of public notice of approval of the implementation plan for electric source development projects. The approval public notice of the implementation plan of the instant project was made on October 29, 2015. The Plaintiff was not only made a moving-in report on the instant housing, but also started to reside in the instant housing from around 2002, which was far earlier than the date of the moving-in report, and thus, constitutes a person subject to the measures for relocation of the instant project.
3. Attached statements to the relevant Acts and subordinate statutes;
4. Article 40(3) of the Enforcement Decree of the Land Compensation Act provides for the cases where a building is excluded from a person subject to relocation measures, and subparagraph 2 thereof is "as of the date of public notice, etc. under the relevant statutes for public works."