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(영문) 수원지방법원 2016.12.07 2016구합1296

이주대상자 부적격처분취소

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 December 23, 2005, the head of Pyeongtaek-si published a public inspection notice on the designation of Pyeongtaek-si C District on December 23, 2005, and on September 21, 2006, the Minister of Construction and Transportation designated and published Pyeongtaek-si, E, F, G, H, and I as C and housing site development area.

1) Since one year prior to the date of public inspection and announcement of the residents of the housing site for migrants (hereinafter December 23, 2005, the date of conclusion of indemnity agreements (or the date of adjudication of expropriation) and one year prior to the date of public inspection by the residents of the housing site for migrants, the owner of the building without permission, corporation, or organization moving to the housing due to the implementation of the project after receiving compensation for the said housing from the project implementer. 2) The owner of the building without permission, corporation, or organization who has renounced the right to be supplied with the housing site among the persons subject to special supply of the housing site for the relocation of the housing site and has continuously owned the housing and resided in the housing from the date of public announcement of indemnity agreements (or the date of adjudication of expropriation) to the date of public announcement by the residents of the area requiring special supply of the housing, the owner of the building without permission, corporation, or organization shall waive the right to receive the housing site or the special settlement funds among those subject to the payment of the relocation funds, and request the payment of the relocation funds.

B. Around June 2014, the Defendant, as the implementor of the said housing site development project (hereinafter “instant project”), provided guidance for the relocation and implementation of living measures related to the instant project, and among which the main contents of the relocation measures are as follows.

C. The Plaintiff owned and resided on the ground of Pyeongtaek-si J (hereinafter “instant house”) in the instant business area, and had the instant house been expropriated and relocated due to the instant business, and applied for the Defendant to select himself as a person eligible for the supply of the said housing site for migrants.

On September 23, 2015, the defendant is not a person eligible for the supply of migrants' housing site to the plaintiff.