이주대책대상자제외처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. The Plaintiff is the owner of Gangseo-gu Busan Metropolitan Government C’s ground (hereinafter “instant house”), and the Defendant is the implementer of the Busan Gangseo-gu Free Economic Zone B development project for the Busan Gangseo-gu Free Economic Zone B (hereinafter “instant development project”), which is promoted by the Busan Gangseo-gu Busan Metropolitan Government D members, including the above land.
B. On October 30, 2003, the Minister of Finance and Economy publicly announced the Ministry of Finance and Economy as a free economic zone under Article 4 of the Act on Designation and Management of Free Economic Zones and publicly announced the Busan Gangseo-gu and the Jinhae-si (current Changwon-si) as Busan, and the Minister of Knowledge Economy approved the modification of the development plan and the implementation plan for the development project of this case and publicly announced it on December 31, 2008.
C. On August 14, 2009, the Defendant publicly announced a compensation plan to the effect that “A person who has owned a house in the instant project zone and has continuously resided in the said house before the date of designation and public notice of the instant development project ( October 30, 2003) until the date of conclusion of the compensation contract or the date of adjudication of expropriation, and who has moved to the said house upon receiving compensation from the Defendant for the said house due to the implementation of the project (excluding the owner of a building without permission after January 25, 1989).”
Since then, the Plaintiff applied for the selection of the Defendant as a person subject to relocation measures for the instant development project, but on September 6, 2013, the Defendant determined the Plaintiff as a person subject to relocation measures (hereinafter “instant disposition”), and sent the written disposition by registered mail.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings
2. The Defendant’s judgment on the Defendant’s main defense against the instant disposition is subject to the time limit for filing the instant lawsuit, which was filed on March 2, 2015, after the lapse of 90 days from September 10, 2013 when the Plaintiff was served the instant disposition by registered mail.