이주대책 대상자 제외처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From June 13, 1978, the Plaintiff resided in a house located in the Nam-gu, Busan (hereinafter “B house”) and completed a move-in report on January 14, 2004 to Kimhae-si C (hereinafter “Seoul-si”), and acquired 1/2 co-ownership shares of the said land and the said land and the single-story house (hereinafter “the instant house”) on January 19, 2004.
B. On September 28, 2005, the Defendant, as the implementer conducting G housing site development projects (hereinafter “instant project”) on approximately KRW 1,143,000 square meters in Kim Sea-si and the above F F, publicly announced the designation of the G housing site development area including the above C land on September 28, 2005, and was approved by the Mayor/Do Governor on October 31, 2012.
C. Around June 2014, the Defendant intended to implement the relocation measures related to the instant project, and gave guidance to a person subject to the relocation measures to provide a detached house site or resettlement subsidy, etc., and the person subject to the relocation measures should be “the person who owned a house within the instant project district from September 28, 2005 to September 28, 2005 (where a house is jointly owned, only one person who has resided in the relevant house among co-owners shall be recognized as one person who has resided in the relevant house) and has resided in the instant project district from September 28
On December 19, 2014, the Plaintiff asserted that the Plaintiff constitutes a person subject to relocation measures, but the Defendant notified the Plaintiff that the Plaintiff is excluded from the person subject to relocation measures (hereinafter “instant disposition”), on the ground that “In light of the fact that there was no electric consumption of the instant housing from May 2009 to April 2012 (hereinafter “unresident period”), the Plaintiff is not a person subject to relocation measures, since the Plaintiff was not residing in the instant housing during the unresident period.”
[Ground of recognition] Unsatisfy, Gap evidence 1, 5 through 10, and Eul evidence 1 and 2 shall have various numbers.