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(영문) 의정부지방법원 2018.08.16 2017구합1334

이주자택지공급에 대한 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 1, 2002, the Defendant is the project implementer of the Do Government B public housing zone project (hereinafter “instant project”), and the Plaintiff completed the registration of transfer of ownership on the ground of sale with respect to a wooden season of 1,779m2m2 and a 141.02m2m2m2 and 10.81m2m2m2 between a wooden season and Dozine vain (hereinafter “instant housing”).

B. On October 9, 2006, the Gu Government Mayor made a public inspection and announcement to hear the opinions of residents and relevant experts with respect to the designation of the land area of 1,303,00 square meters in aggregate of the Dodong, Dong, Dong, and Dong members, including the site for the instant housing, as the instant project district.

C. On June 2, 2014, the Defendant issued a compensation plan and an inspection announcement of the instant project district. Around August 2016, the Defendant gave guidance on the implementation and application of relocation measures. The base date for the selection of a person subject to relocation measures is the date of public inspection and announcement of the designation of the district ( October 9, 2006). The criteria for the selection of the person subject to relocation measures are as follows.

[ table] A person who owned a house within a business district from one year before the base date of the Housing Site for Migrants (Re-Housing Site) ( October 9, 2006) to the date of conclusion of the compensation contract or the date of the adjudication of expropriation and has resided therein, and who received compensation for losses and emigrates to the project implementation in question

D. On September 9, 2016, the Plaintiff filed an application with the Defendant for the selection of a person subject to relocation measures on the premise that the Plaintiff constitutes a person subject to relocation measures. On October 27, 2016, the Defendant does not have any dispute between the parties that only refer to “resident requirements” among the requirements for the selection of a person subject to relocation measures prescribed in 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 Enforcement Decree of the same Act. As such, the Plaintiff does not fall under the category of a person subject to relocation measures, but is excluded from the selection of a person subject to relocation measures, but falls under the person subject to special