이주대책대상자제외처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On September 28, 2005, the Defendant: (a) executed the Housing Site Development Project C with respect to the area of 1,233,000 square meters in Kimhae-si (hereinafter “instant project”); and (b) publicly announced the residents’ public inspection of the area of planned housing site development.
B. After September 2013, the Defendant sent a written notice of compensation to a person subject to the measures for relocation regarding the instant project. According to the foregoing guidance, the person subject to the measures for relocation is “the person who had owned a house in the instant project district before the base date ( September 28, 2005) and has resided in the same before the date of concluding the compensation contract or the date of ruling of expropriation,” and shall be the person who has been compensated for loss and has
C. On December 19, 2014, in the instant project zone, the Plaintiff A and I [the current address is Kimhae-si, Kimhae-si, H due to the change of the administrative district and the reorganization of road name addresses] a ground house (hereinafter “I house”) owned by the Plaintiff and I [the current address name due to the change of the administrative district and the reorganization of road name addresses] in the instant project zone, and Plaintiff B, a group of G houses, filed an application for their selection to the Defendant as a person subject to relocation measures. However, on December 19, 2014, the Defendant did not continuously reside within the project district from the date before the base date ( September 28, 2005) to the date of conclusion of the contract, and thus excluded from the person subject to relocation measures pursuant to Article 40(3)2 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Enforcement Decree of the Land Compensation Act”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On October 25, 1997, the plaintiffs between the plaintiffs' arguments-friendly children are the plaintiffs.