이주대책대상부적격처분취소
1. The part against the plaintiffs in the judgment of the first instance shall be revoked.
2. All plaintiffs' claims are dismissed.
3...
The reasoning of the judgment of the court of first instance is as follows: (a) the reasoning of the judgment of the court of first instance, except for the following: (b) the dismissal of the following matters among the judgment of the court of first instance and the replacement of the 16th and 12th et al. to the next port; and (c) therefore, (d) the reasoning of the judgment of the court of first instance
9. The following shall be added to not more than 8 pages, and b) the same face:
paragraphs (c) and (c)
subsection (c).
subsections and d.
the paragraph is replaced by the paragraph.
3) The third assertion that the Plaintiff S was unable to temporarily reside in the housing located within the instant project area due to inevitable circumstances for treatment of cancer, etc., and thus, constitutes “where the Plaintiff was unable to reside due to medical care due to disease or any other similar inevitable cause” under the proviso of Article 40(3)2 of the Enforcement Decree of the Public Works Act.
Therefore, the disposition of this case that the plaintiff S is a person subject to relocation measures but did not recognize it is illegal.
B. Defendant’s assertion 1) The instant basic date ( December 30, 2005) was publicly announced on the basis of “Urban Development Business Guidelines” amended on December 1, 2003, and the pertinent basic date constitutes “the date of public notice, etc. under the relevant Acts and subordinate statutes for public services” under Article 40(3)2 of the Enforcement Decree of the Public Works Act. Thus, the instant basic date falls under “the date of public notice, etc. under the relevant Acts and subordinate statutes for public services” under Article 40(3)2 of the Enforcement Decree of the Public Works Act. 2) Even if the instant basic date cannot be deemed a legitimate basic date for relocation measures, it constitutes “the date of public notice, etc. under the relevant Acts and subordinate statutes” under Article 7 of the Urban Development Act.
Therefore, the plaintiffs are excluded from the person subject to the relocation measures, because they do not fall under those who resided before the date of the public inspection for the above residents.
The "Seoul Gangseo-gu Seoul Metropolitan Government" of 13 Myeon 17 is "Seoul Gangseo-gu located in the Project Area," and the "Seoul Gangseo-gu outside 16 Myeon 15 is in Seoul."