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(영문) 수원지방법원 2017.07.04 2016구합68732

이주대책대상자제외처분취소

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 project of the Namyang-ju public housing zone B (hereinafter “instant project”).

B. On February 10, 2012, the Plaintiff entered into a compensation agreement with the Defendant on the instant housing as the owner of the instant housing unit C No. 1 (hereinafter “instant housing”) incorporated into the instant project zone in Namyang-si.

C. On July 28, 2016, the Defendant notified the Plaintiff of the result of the examination of the relocation measures of the instant project that the Plaintiff was disqualified.

(hereinafter referred to as the “instant disposition”). As a result of the review of the relocation measures for public housing zones B in Namyang-ju as a result of the examination of the relocation measures for public housing zones B in Namyang-ju, the thickness of the relocation measures does not meet the criteria for persons eligible for the relocation measures and is determined as disqualified, the following information

If there is an objection as a result of the review of the relocation measures, it is time to submit an objection, explanatory materials, etc. in writing by no later than 6 p.m. on September 2, 2016.

The cancellation lawsuit may be filed against the results of the examination within 90 days from the date the disposition, etc. is known pursuant to Article 20 of the Administrative Litigation Act.

- Persons subject to relocation measures - Persons (excluding owners of unauthorized buildings, corporations, organizations, etc. after January 25, 1989) who owned and continuously resided in the relevant project district from before the date of public inspection and announcement (one year prior to the date of conclusion of the compensation contract (or the date of adjudication of expropriation) to the date of conclusion of the compensation contract (one year prior to the date of adjudication of expropriation) and who moved after receiving compensation for the house due to the implementation of the project (excluding the grounds for recognition) / The absence of dispute, Gap evidence 1, 2, Eul evidence 1 through 3, and the purport of the whole pleadings;

2. Determination on the legitimacy of the instant disposition

A. The plaintiff asserted that the plaintiff purchased the house of this case and resided in the house of this case not later than 1 year prior to the date of the public notice for public inspection of the residents ( January 19, 2006). Therefore, the plaintiff is subject to the requirements for relocation measures.