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(영문) 수원지방법원 2019.07.18 2019구합61435

이주자택지 공급대상자 부적격 처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 27, 2016, the Defendant, as the implementer of the C public housing project implemented in Seongbuk-si, Sungnam-si (hereinafter “instant project”), sent the Plaintiff a “C public housing zone relocation and living instruction, etc.” with the following content.

Ⅰ. The period and place for application: The DH District Headquarters; from November 1, 2016 to December 2, 2016;

Ⅱ The first compensation starting date on March 31, 2010 (the date of public announcement on the designation of a district): June 27, 2014: Voluntary deadline: III; July 31, 2016; and < Amended by Presidential Decree No. 25214, Jul. 31, 2016>

If the document is not received within the time limit, the application shall be deemed to have been waived and the exclusion from the subject shall be again informed once.

IV. Selection of persons to be supplied and supply-based supply-based supply-based housing sites;

B. On November 17, 2016, the Plaintiff filed an application with the Defendant to select himself as a person subject to the relocation measures for the instant project, but the Defendant, on February 6, 2017, notified the Plaintiff that the Plaintiff constitutes a person ineligible for relocation measures (hereinafter “the first notification”), and the said notification reached the Plaintiff on February 8, 2017.

C. On March 6, 2017, the Plaintiff filed an objection against the first notification to the Defendant, but the Defendant, on April 28, 2017, constitutes a person disqualified for relocation measures (replacement) on the ground that “the vinyl located in Seongbuk-si, Sungnam-si, does not exist in the airline margin around May 1, 1987, and there is no objective supporting material that the Plaintiff existed as a residential building from January 24, 1989, the date is prior to the date, on the ground that the vinyl located in Sungnam-si, was confirmed to exist in the airline margin around May 1987.”