이주대책대상자제외처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a project operator who has obtained approval [the E (O) of the Ministry of Trade, Industry and Energy’s notification of E (O) of the Ministry of Trade, Industry and Energy) of the implementation plan for the “C business” (hereinafter “instant business”), which is an electric power source development business that constructs two power generation facilities from the Minister of Trade, Industry and Energy in Gangseo-si, and the Plaintiff is the owner of the building with 747 square meters of the F miscellaneous land in Gangseo-si (hereinafter “instant land”) and the second floor above the ground (hereinafter “instant building”).
B. Around April 2016, the Plaintiff filed an application with the Defendant for the selection of a person subject to relocation measures and compensation for resettlement, but the Defendant, on March 3, 2017, notified the Defendant of the final determination of 60 persons other than the Plaintiff as a person subject to relocation measures (hereinafter “instant disposition”).
C. On June 8, 2017, the Central Land Tribunal rendered a ruling of expropriation with the content that the Defendant would expropriate the instant land and transfer obstacles to the ground.
On October 30, 2017, the Plaintiff filed the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5, Eul evidence Nos. 2, 6, 12, and 13 (including those with serial numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on this safety defense
A. In light of the fact that the Defendant continuously requested that the Plaintiff be included in the person subject to the relocation measures from June 2, 2016, it is reasonable to view that the Plaintiff was excluded from the person subject to the relocation measures at least at the time of the instant disposition.
Thus, the lawsuit of this case is unlawful because it was filed after the lapse of 90 days from the 90th day thereafter.
B. The "date when the person becomes aware of the disposition, etc.", which is the starting point of the filing period of the lawsuit as stipulated in Article 20(1) of the Administrative Litigation Act, means the date when the person actually became aware of the relevant disposition, etc.
Facts without dispute, Gap evidence 9, and Eul evidence 9.