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

Purport of claim and appeal

The first instance court.

A. The Defendant is the implementer of the Busan Ewater Pipeline development project (hereinafter “instant project”), which is promoted in Busan Gangseo-gu, C, and D's 11,885,000 square meters, and the Plaintiff is the owner of the Gangseo-gu Busan Metropolitan Government F's ground buildings (hereinafter “instant building”) located within the instant project area.

B. On July 12, 2012, the head of Gangseo-gu Busan Metropolitan Government announced the residents’ public inspection for the designation of the Busan Asian Waterfront (hereinafter “instant public announcement”), and on May 16, 2013, after the designation of the waterfront, the Defendant publicly announced the compensation plan on July 12, 2012, which was the date of the instant public announcement of the relocation measures.

C. On November 21, 2013, the Plaintiff sold the instant building to the Defendant.

The Plaintiff filed an application with the Defendant for the selection of a person eligible for relocation measures, but on June 30, 2015, the Defendant notified the Plaintiff that he was excluded from the person eligible for relocation measures as “non-conformity with the requirement of continuous residence”.

E. The Plaintiff filed an objection against the Defendant on July 7, 2015, but the Defendant, on September 8, 2015, notified the Plaintiff of the dismissal (non-conformity).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

According to Gap evidence Nos. 5, 6, and 7, the plaintiff filed an application for the selection of a person subject to relocation measures with the defendant around February 17, 2014. The application is accompanied by a resident registration, a certified copy, a certificate of personal seal impression, a certified resident registration for each household member, a certified copy of a building register, a certified copy of a building register, and a certified copy of a building register from among the documents indicated in the application form. The defendant notified the plaintiff of the exclusion of a person subject to relocation measures as of June 30, 2015 on the ground of "non-disqualification for continuing residence" as of June 30, 2015. The notice is written within 30 days from the date of receipt