이주대책대상자제외처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 11, 2012, the Defendant, in collaboration with the Korea Industrial Complex Corporation, implemented a “C general industrial complex development project” in the Nam-gu B Dong, Ulsan-gu, Ulsan District. On December 10, 2012, the public announcement was made of the amendment of the urban management plan, and on December 10, 2012, the public announcement was made to peruse the development plan of the above industrial complex and to hold joint briefing sessions. On June 20, 2013, the Defendant started construction on September 15, 2014 after approval of
B. The Plaintiff is the owner of the Ulsan-gu Seoul Metropolitan Government D major 644m2 and the 110.91m2 of a single-story house on its ground, located within the said business area (hereinafter “instant housing”).
C. The instant house starts on February 9, 2006 after obtaining a construction permit on December 27, 2005, and obtained approval for use on January 30, 2013, and completed the ownership preservation steam in the Plaintiff’s name on February 12, 2013.
With respect to the instant housing, the Plaintiff’s wife E completed the move-in report on March 19, 2013, the Plaintiff’s wife F’s husband and wife on May 7, 2013, and the Plaintiff completed each move-in report on July 4, 2014.
E. The instant housing and its sites were expropriated due to the said project.
F. On September 19, 2016, the Defendant announced the selection of a person subject to relocation measures by setting the date on December 10, 2012, which is the date of public announcement of the designation of the person subject to relocation measures, as the date of public announcement of the plan to peruse the relevant industrial complex development plan and the joint briefing session (hereinafter “the instant basic date”).
G. The Plaintiff filed an application for the selection of a person subject to relocation measures, but the Defendant, on November 28, 2016, notified that “the Plaintiff is excluded from the person subject to relocation measures” (hereinafter “instant disposition”). The Plaintiff filed an objection against the instant disposition. However, the Defendant notified that “the instant house acquired ownership after obtaining approval for use after the instant base date, and it is apparent that it was transferred after the said base date, excluding the person subject to relocation measures.”
H. After that, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Ulsan Metropolitan City Administrative Appeals Commission, but the said administrative appeals commission on January 2, 2017.