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(영문) 의정부지방법원 2016.06.28 2015구합10099

이주자택지공급순위결정 변경절차 이행

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. The Defendant is the executor of the housing site development project D in ancientyang-si, the development plan of which is approved and publicly announced by the Ministry of Land, Transport and Maritime Affairs (hereinafter “instant project”).

B. The Plaintiff, a real estate within the instant business district, owned each of the ownership of ① 30/40 shares and the above ground buildings among the 132 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-gu, and Seoyang-gu, and ② 34/45 shares and the above ground buildings among F large 149 square meters, ③ G large 380 square meters and the above ground buildings. The real estate and ② the above real estate were transferred to the Defendant on June 14, 2010 on the ground of an agreement acquired on June 8, 2010, and the above real estate were transferred to the Defendant on September 1, 2010. < Amended by Presidential Decree No. 22190, Sep. 1, 2010>

1: 2nd person who voluntarily removes or enables the whole of the obstacles, such as land and obstacles, by the date on which six months have elapsed from the date on which the first request for consultation on compensation for losses was made after the transfer of all the obstacles, such as land, obstacles, etc., by the date on which the consultation on compensation was made: 3rd person who voluntarily moves after the transfer of all the obstacles, such as land and obstacles, and voluntarily removes or enables the removal of all the obstacles by the date on which nine months

C. Meanwhile, in relation to the instant business, the Defendant set up the criteria for determining the priority order of supplying migrantss’ housing sites (hereinafter “the instant criteria”) and publicly announced the said criteria on April 2010, the notice of request for consultation on compensation for losses, etc., and the main contents are as follows.

Around July 2010, the Plaintiff moved his/her place of residence, and (2) and (3) the real estate was fully carried out the delivery procedures, such as voluntary relocation and removal of obstacles, six months prior to the date on which the first request for consultation on compensation for losses was made, but (1) the real estate was carried out after the lapse of six months, and submitted an application for relocation measures to the Defendant around March 2015 in accordance with the above public announcement of guidance on compensation. The real estate was selected as a person eligible for the supply of the first resettled housing site on March 27, 2015

E. Accordingly, the Plaintiff.