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(영문) 수원지방법원 2016.11.17 2016구합65542

이주대책대상자제외처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On May 30, 2008, the Defendant is the implementer of the C District (title D before the modification) and the Housing Site Development Project (hereinafter “instant project”), which was approved and publicly announced by the Ministry of Land, Transport and Maritime Affairs publicly announced on May 30, 2008, and the Plaintiff is the owner of Pyeongtaek-si E-ground housing located within the instant project district (hereinafter “instant building”).

1) From one year prior to the date of public inspection of residents of the D Zone (or the date of adjudication of expropriation) supplied with the Housing Site for the migrants, a house continues to be owned and resided in the said house until the date of conclusion of indemnity agreement (or the date of adjudication of expropriation). The owner of an unauthorized building, corporation, or organization that has been relocated due to the implementation of the project after receiving compensation for the said house from the project implementer is excluded from the owner of the unauthorized building, corporation, or organization that has renounced the right to be supplied with the housing site among the persons eligible for special supply of the housing site for the special supply of the housing site, and requested the special supply of the housing site from the date of public inspection of the residents of the D Zone (or the date of adjudication of expropriation on December 23, 2005) that had been continuously owned and resided in the house before the date of concluding indemnity agreement (or the date of adjudication of expropriation). The owner of the unauthorized building, corporation, organization, among those eligible for the payment of resettlement funds, shall waive the right to receive the special supply of the housing site and request for resettlement.

B. Around May 2014, the Defendant: (a) established and publicly announced three types of relocation measures, such as the supply of housing sites for migrants, (b) special supply of housing, and (3) payment of resettlement subsidies; (b) the criteria for the selection of those subject to relocation measures are December 23, 2005, which is the date of public announcement for public inspection of residents of the D Zone; and (c) the persons subject to the above types are as follows:

C. On September 18, 2014, the Plaintiff requested the Defendant to select a person subject to relocation measures (housing site).

Accordingly, the defendant, on January 12, 2015, raises objection against the plaintiff on or after December 23, 2005, which is the basic date of the plaintiff.