이주대책대상자제외처분취소
1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Defendant is the implementer of the Busan Ewater Pipeline development project (hereinafter “instant project”), which is promoted in Busan Gangseo-gu, C, and D's 11,885,000 square meters, and the Plaintiff is the owner of the Gangseo-gu Busan Metropolitan Government F's ground buildings (hereinafter “instant building”) located within the instant project area.
B. On July 12, 2012, the head of Gangseo-gu Busan Metropolitan Government announced the residents’ public inspection for the designation of the Busan Asian Waterfront (hereinafter “instant public announcement”), and on May 16, 2013, after the designation of the waterfront, the Defendant publicly announced the compensation plan on July 12, 2012, which was the date of the instant public announcement of the relocation measures.
C. On November 21, 2013, the Plaintiff sold the instant building to the Defendant.
On June 30, 2015, the Plaintiff applied for the selection of a person subject to relocation measures to the Defendant, but the Defendant decided on June 30, 2015 to exclude the Plaintiff from the person subject to relocation measures.
(hereinafter “instant disposition”) e.
The Plaintiff filed an objection on July 7, 2015, but was dismissed on September 8, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. On September 8, 2015, the Plaintiff sought revocation of the disposition on the premise that he/she was subject to the non-conformity disposition by the Defendant.
Unlike the administrative appeal procedure, the purpose of which is to relieve the people's rights or interests infringed by an illegal or unreasonable disposition or omission of an administrative agency, an objection against the rejection disposition under Article 18 (1) of the Civil Petitions Treatment Act (hereinafter "civil petition treatment Act") is to allow a separate administrative agency to appeal against the administrative agency. In a case where the administrative agency, which rejected the civil petition treatment pursuant to the Civil Petitions Treatment Act, re-examines the civil petitioner's application matters and makes it erroneous, it is the procedure to make the civil petitioner correct.
Accordingly, ...