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(영문) 대전지방법원 2019.11.07 2018구합106233

이주대책대상자제외처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the Daejeon Sung-gu Daejeon District B 1,070 square meters (hereinafter “instant land”) and the building on its ground (hereinafter “instant building”).

B. In accordance with Articles 6 and 26 of the Special Act on the Fostering of C, etc. on July 21, 2009, the Minister of Knowledge Economy publicly announced “C 2-level development project plan” in which the Defendant, etc. is the project implementer to “members of Seongbuk-gu, Daejeon Metropolitan City Ddong, Edong, etc.” (NoticeF of the Ministry of Knowledge Economy), and on November 1, 2012, the term “3,442,675 square meters” in the said development plan zone among the said development plan zone was announced by the public announcement that the Defendant is the project implementer to implement the development project.

C. On December 5, 2014, the Defendant publicly notified the approval of the implementation plan for the development project of the G District (Ddong/E) for the Daejeon Seo-gu Ddong and Edongwon (hereinafter “instant development project”), and the instant land was incorporated into the instant development project zone.

On October 19, 2015, the Defendant acquired the instant land and buildings through consultation from the Plaintiff, and completed the registration of ownership transfer on October 26, 2015.

E. Around July 2016, the Defendant informed migrants pursuant to the instant development project of the relocation and livelihood measures.

The main contents of the criteria for selection of persons subject to relocation measures are as follows:

The base date and the base date of subjects: Persons who owned and continuously resided in a legitimate house from before the base date prior to the date of concluding a compensation contract or the date of a decision on expropriation until the date of the public announcement of the compensation plan: The owner of an unauthorized building constructed after January 25, 89, the corporation, or the organization is removed from the house according to the relevant project. The residence requirement of the owner of an unauthorized building, the corporation, or the organization of the unauthorized house constructed after January 25, 2009 - the exception of residence continuously from the base date ( July 21, 2009) to the date of concluding a compensation contract or the date of a decision on expropriation: The residence continued from the base date