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(영문) 광주지방법원 2020.05.14 2019구합13084

이주대책대상자 제외처분 취소 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

In accordance with the Industrial Sites and Development Act (hereinafter “Industrial Sites Act”) on December 1, 2017, the Defendant is the implementer of a project to create a general industrial complex (hereinafter “instant project”) which is approved and publicly notified as a project area with the area of not less than 943,50 square meters, Nam-gu, Gwangju, Cdong, Ddong, Edong, Edong, and Fdongwon 943,08 square meters.

On May 15, 2018, the Defendant established relocation measures in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and set the requirements of the subject as follows:

Standard date: The date of selection: Before June 25, 2017, the date of public inspection of residents of the G general industrial complex planning (the date of public inspection of residents of the G industrial complex) supplied the housing site (the date of June 26, 2017) to the residents of the G general industrial complex plan (the date of June 26, 2017), a person who has continuously owned and resided in the housing site within the project district continuously from the date of conclusion of the compensation contract or the date of expropriation until the date of the adjudication of expropriation, and who has waived the right to be supplied with the housing site of the migrants to be supplied by the Corporation and has requested the supply of the housing site of the migrants, among the persons eligible for the supply of the housing site of the migrants to be supplied with the housing site of the migrants, among the persons eligible for the payment of the resettlement settlement funds, the Plaintiff renounced the right to be supplied with the housing site or the housing and requested the payment of the resettlement funds on March 12, 2013, the said housing was accepted on December 27, 2018.

On September 27, 2018, the Plaintiff applied for the selection of a person subject to relocation measures to the Defendant, but the Defendant rendered a disposition to exclude the person subject to relocation measures (hereinafter “instant disposition”) on the ground that the Plaintiff did not reside in the instant house.

The plaintiff appealed against this and filed an administrative appeal with the Gwangju Metropolitan City Administrative Appeals Commission, but was dismissed on May 2, 2019.