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(영문) 부산고등법원 2018.10.17 2018누21125

이주대책대상자제외처분취소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the entry in this case by the court of first instance are as follows: ① addition of the judgment as to the allegations added by the plaintiff in this court to the following 2. In addition to the second instance court’s finding that “The above facts alone” in Section 15 of Section 4 of the first instance court’s judgment is as follows: (i) addition of the judgment as to the allegations added by the plaintiff in this court; (ii) addition of the judgment as to the statement in Section 18-1 through 3, 19-1, 2, and 22 of the evidence in Section A; and (iii) addition, it is identical to the statement in the first instance court’s reasoning in Article 8(2) of the Administrative Litigation Act; and (iv) addition,

2. Determination on the Additional Claim

A. The Plaintiff’s assertion 1) The base date of the relocation measures is not December 10, 2012, which is the base date of the instant disposition, but the date of June 20, 2013, which is the date of the public notice of approval for the C general industrial complex plan. The Plaintiff obtained approval for the use of the instant housing on January 30, 2013, and the Plaintiff’s wife E completed the move-in report on March 19, 2013, and thus, the Plaintiff constitutes a person subject to the relocation measures even if the Plaintiff’s Non-Sa G was residing in the instant housing from September 2012, 2012, which is the base date of the relocation measures.

(b) Article 9 (Hearing Opinions of Residents, etc.) (1) of the former Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes (Amended by Act No. 11690, Mar. 23, 2013) (1) Where a designating authority intends to formulate an industrial complex plan or receives an application for approval of an industrial complex plan, it shall publicly announce the daily newspaper mainly circulated in the relevant area and its website, and make it available for public inspection for at least 20 days from the date of public announcement. In such cases, upon receipt of an application for approval of an industrial complex plan, it shall be publicly announced within three days (within the working

(2) The designation authority shall.