아파트특별공급거부(제외)처분취소
1. Revocation of a judgment of the first instance;
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
. The Act on Acquisition of and Compensation for Land, etc. for the Purposes of the Act (hereinafter “Public Works Act”)
() Although the Defendant applied for the supply of a special unit of apartment units, which is a part of the relocation measures under Article 78(1), the Defendant applied for the supply of a special unit of apartment units. However, on November 30, 201, the former Rules on the Special Supply of National Housing to the Residents of the Seoul Special Metropolitan City (amended by Seoul Special Metropolitan City Rules No. 3616, Apr. 10, 2008; hereinafter “Special Supply Rules”).
(2) Article 5(1)2(b) of the former Seoul Special Metropolitan City Ordinance on Urban Redevelopment Project (amended by Ordinance No. 4167 of December 30, 2003), Article 2 subparag. 1(d) of the former Seoul Special Metropolitan City Ordinance on Urban Redevelopment Project (amended by Ordinance No. 4167 of December 30, 200), limits the object of special supply of national housing, etc. to an unauthorized building that occurred before April 8, 1982. Since the instant unauthorized building was constructed after April 9, 1982, the Plaintiffs are not entitled to special supply of apartment houses, and are entitled to the payment of resettlement funds only (hereinafter
(1) The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (including the establishment of relocation measures) 1. Article 78 (Establishment of Relocation Measures) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter referred to as “persons subject to relocation measures”) shall be those who lose their base of livelihood due to the provision of residential buildings due to the implementation of public works.
(1) A person eligible for the special supply of national housing, etc. shall be a removal resident or removal tenant who does not own any other house than the house to be removed as of the date of application for special supply, as provided for in each item of subparagraphs 1 and 2, as prescribed in Article 5 of the former Rules on the Special Supply of National Housing (amended by Seoul Special Rules No. 3616, Apr. 10, 2008).
Provided, That subparagraph 1 (b) shall apply.