이주자택지공급대상제외처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Defendant is the project implementer of the B development project (hereinafter “instant project”).
B. The Defendant, as the instant project, has established relocation and livelihood measures for those who lose their base of livelihood (hereinafter “the instant relocation measures”). Among them, the supply of migrants’ housing site is a case where those who continued to own houses (residential buildings) from before the base date ( September 30, 2009) to the date of conclusion of the compensation contract or the date of the adjudication of expropriation, and resided in the instant project.
C. The Plaintiff filed an application with the Defendant for the supply of the instant building site to the Defendant as the owner of the first floor neighborhood living facilities and stables on the ground of the instant building located within the Daegu-si Si, Daegu-si, Daegu-si, and the instant project zone (hereinafter “instant building”). However, the Defendant rejected the said application on September 22, 2014 on the ground that the instant building is not used for residential purposes.
Accordingly, on December 19, 2014, the Plaintiff filed an objection against the disposition of refusal by asserting that he/she had been equipped with a facility that allows a person residing in the instant building, but the Defendant notified that he/she does not accept the foregoing objection on December 30, 2014.
E. On July 8, 2015, when the Plaintiff again requested notification of the result of a disposition excluded from supply of the re-settled housing site, the Defendant notified that the decision was made lawfully pursuant to Articles 78 and 40 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(hereinafter “Notification of this case”). 【No dispute over the grounds for recognition】, Gap evidence Nos. 1, Eul evidence Nos. 1 through 5, and the purport of the whole pleadings
2. The plaintiff's assertion and relevant statutes
A. The Plaintiff asserted that the Plaintiff met the requirements for supply of the housing site for migrants since the Plaintiff raised livestock in the instant building and separately prepared and resided therein.
The plaintiff is eligible for the supply of the housing site for migrants.