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(영문) 수원지방법원 2018.02.06 2017구합67224

이주자택지공급신청 거부처분 취소청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 6, 2008, the Defendant is the implementer of a development project for D District (Public Notice of the Ministry of Trade, Industry and Energy) (hereinafter “instant project”) designated and publicly notified under Article 4 of the former Act on Designation and Management of Free Economic Zones (Amended by Act No. 10529, Apr. 4, 2011); and on September 3, 2013, the modification of the development plan was approved and publicly notified under Article 10(1) of the Act on Designation and Management of Free Economic Zones ( Ministry of Knowledge Economy Notice);

B. The Plaintiff is the owner of Pyeongtaek-si E’s land and its ground housing (hereinafter “instant land”) located within the instant project zone, and the Plaintiff was the owner of the instant housing. As to the instant land, etc. owned by the Plaintiff, the compensation was determined by the Central Land Expropriation Committee’s ruling of expropriation on November 20, 2014.

The compensation contract was concluded on July 29, 2016 with respect to some obstacles (the contract was concluded on July 29, 2016).

On November 16, 2016, the Defendant notified the Plaintiff that the project was disqualified for relocation measures based on the data collected at the time of the investigation of obstacles.

On November 28, 2016, the plaintiff filed an objection against the defendant on November 28, 2016. On December 5, 2016, the defendant notified on the plaintiff's objection that the plaintiff failed to meet the criteria for selection of persons subject to relocation measures and was determined as disqualified.

(hereinafter referred to as “instant disposition”). The result of the review (Evidence A No. 3) as a result of the review of the application for relocation measures: A ground for non-existence of relocation measures: Non-existence of building requirements: Non-existence of building (building) requirements: In the event that there is an objection as a result of the examination of the existence of only the building ledger for the old building (a wooden structure, a first floor) as of January 25, 1989 without the building ledger, etc. for the building (a steel reinforced concrete brick structure, and a third floor) as of the building without permission after January 25, 1989, a revocation lawsuit may be instituted within 90 days from the date when the building