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(영문) 수원지방법원 2017.06.20 2016구합70933

이주대책대상자제외처분취소

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 July 14, 2010, the Defendant is the implementer of the D Project publicly notified by the Ministry of Land, Transport and Maritime Affairs on the approval of the housing site development plan and the conversion of the Bogeumjari Housing Zone (hereinafter “instant Project”) as publicly notified by the Ministry of Land, Transport and Maritime Affairs on September 17, 2010.

B. The Plaintiff, as the owner of the E-ground housing (hereinafter “instant housing”) incorporated into the instant project zone, entered into a compensation agreement with the Defendant regarding the instant housing.

C. On September 23, 2016, the Defendant notified the Plaintiff that the Plaintiff was disqualified as a result of the examination of the relocation measures of the instant project, and notified the Plaintiff of the result of review that the Plaintiff did not constitute a person subject to the relocation measures as follows.

(hereinafter referred to as “instant disposition”). The results of review on the objection to the relocation measures (Evidence A(2) as follows are known as follows.

The cancellation litigation may be instituted within 90 days from the date on which he/she becomes aware of the disposition, etc. under the Administrative Litigation Act.

As a result of reexamination: A person subject to relocation measures under Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 40 of the Enforcement Decree of the same Act, Article 663 of the Ministry of Land, Infrastructure and Transport’s Directives, Article 28 of the Guidelines for Management of Housing Site Development Business, who owns a residential building permitted in a project zone, and continues to reside in the residential building from the date of public inspection or announcement of the designation of the housing site development zone (or from January 19, 206) to the date of conclusion or

In the case of you, the date of acquisition and the date of transfer of the ownership of the relevant house shall be February 1, 2006, and the relevant house shall not be subject to the relocation measures because it is not a permitted house on the building ledger.

In addition, the housing is subject to the exception of comprehensive succession because it is not a permitted house.