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(영문) 서울행정법원 2013.12.05 2013구합9762

생활보상대상자제외처분취소

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

The defendant is the implementer of the Seodaemun-gu Seoul Metropolitan Government project (hereinafter "the project of this case") which was designated and developed as an urban development zone under the Seoul Metropolitan Government Notice No. 2007-207 of June 28, 2007.

On November 6, 2008, the Defendant publicly announced the relocation measures for the door-gu Urban Development Zone (hereinafter “instant public announcement”) by the Seoul Special Metropolitan City public announcement of the Seoul Special Metropolitan City SH Corporation (hereinafter “instant public announcement”). Among them, the contents relating to the compensation for agricultural loss and livelihood measures are as follows:

The base date for relocation measures: A person who owned or leased and cultivated farmland of a size prescribed in Article 3 of the Enforcement Decree of the Farmland Act within the relevant district from before the base date to the date of concluding the agreement: A person who voluntarily lost his/her means of livelihood and who was deprived of his/her means of livelihood: A right to be supplied with shares of not more than 16.5m2m2 for sale in lots or commercial land, etc.

- Documents to be submitted - A certificate of the fact of farmland lease (house 1) - A certificate of the fact of farmland lease (construction style) confirmed by farmland owners - A certificate of the fact of cultivation confirmed by farmland owners - A certificate of the fact of cultivation confirmed by members of the Farmland Management Committee under Article 44 of the Farmland Act in the relevant project district - Other objective data proving that the actual farmer is a farmland owner, while Seoul Songpa-gu, Songpa-gu, Seoul T, Songpa-gu Seoul, U, Songpa-gu V, Seoul, and Songpa-gu W land included in the project area of this case is land owned by Seoul Special Metropolitan City. Since early 1980,

However, the head of Songpa-gu has concluded a loan agreement with the Seoul Metropolitan Government and applied for the extension of the loan agreement with the head of Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Songpa-gu") around 2002, and some of the business area of this case is determined as urban planning facilities.