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(영문) 인천지방법원 2019.04.04 2018구합54815

이주자택지공급대상자제외처분 취소 청구의 소

Text

1. All the lawsuits and ancillary claims of this case shall be dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 27, 2006, the head of Seo-gu Incheon Metropolitan City announced a public inspection according to C’s proposal for designation of land in Seo-gu, Incheon, Seo-gu. On February 6, 2009, the Minister of Land, Transport and Maritime Affairs announced D’s announcement of the Ministry of Land, Transport and Maritime Affairs for the designation, alteration, and approval of the development plan of the housing site development district of the C Housing Site Development Project

B. On November 11, 2009, the Plaintiff completed the registration of transfer of ownership on November 4, 2009 with respect to the land of 694 square meters and its ground (hereinafter “instant housing”) owned by husband E, a husband E in the instant project district.

C. The Defendant, as the project executor of the instant project, established the relocation measures of the instant project pursuant to Article 78 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor and Article 40 of the Enforcement Decree of the same Act. Around December 2016, the period of application for relocation measures was determined and announced from January 2, 2017 to April 28, 2017. Of the relocation measures, the requirements for a person subject to the supply of a multi-resident housing site (multi-unit housing site) among the relocation measures were determined as “a person who has continuously owned and continuously resided in a house within a project district from January 27, 2006) to be subject to the date of the public inspection of the designation of the housing site subject to the housing development plan or the date of the adjudication of expropriation.”

On March 30, 2017, the Plaintiff filed an application with the Defendant for the selection of a person eligible for supply of a resettled housing site. On July 28, 2017, the Defendant, on the ground that “acquisition of a house after the relevant base date,” issued a notification to the Plaintiff, excluding the subject of supply of the resettled housing site, to the effect that the Plaintiff failed to meet the requirements for a person eligible for supply of the said housing site and was excluded from the said person (hereinafter “the first notification”). The Defendant, while giving the first notification to the Plaintiff, may file an objection in writing with the Plaintiff within 30 days, accompanied by evidentiary documents on the requirements for the person eligible for