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(영문) 의정부지방법원 2020.08.11 2019구합1642

이주대책대상자 제외처분 취소

Text

Among the lawsuits in this case, the part concerning the cancellation of adjudication shall be dismissed.

The defendant limited to the plaintiff on May 24, 2018.

Reasons

1. Details of the disposition;

A. The Defendant is the executor of the housing site development project B (hereinafter “instant project”).

On November 23, 2005, the public notice of the public notice of the Prearranged Housing Site Development Plan (Notice C at Yangju-si), May 30, 2006, the public notice of the designation of D Prearranged Housing Site Development Plan (Public notice E), September 21, 2007, and the public notice of the approval of housing site development plan (F) was made.

B. In the compensation guide published by the Defendant around November 2008, the person who owned and resided in a residential house in the instant project area from one year before November 23, 2005, which is the base date for relocation measures, to the first time before the commencement of compensation is determined as the person subject to relocation measures.

C. The Plaintiff, as the owner of G land in both weeks located within the instant project zone (hereinafter “instant land”) and its ground buildings (hereinafter “instant building”), applied for the selection of a person subject to relocation measures. D.

On May 24, 2018, the defendant notified the plaintiff's above application as disqualified for the following reasons.

(hereinafter referred to as the "disposition of this case") as a result of the examination, the criteria for examining the legality of residential buildings (family building) subject to relocation measures: Before the base date of the examination (public inspection notice date: November 23, 2005) such as the legality of permission, reporting, or change of use, etc., the suitability of housing owned before the base date of residence of the owner of the housing (public inspection notice date: November 23, 2005: November 23, 2005): The housing under the ground for the review of the requirements for ownership before or after the base date is the building reconstructed after fire, but it is an unauthorized building constructed without permission under the Building Act, and does not comply with the above conditions 1.

He shall be deemed to have acquired on or after the base date on August 1, 2006, and shall not comply with the above conditions 3.

E. The Plaintiff filed an objection against the instant disposition with the Defendant, but was disqualified on August 13, 2018, and against the instant disposition.

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