beta
(영문) 청주지방법원 2017.04.13 2016구합839

이주자택지공급대상제외처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 2, 2005, the Cheongju City Mayor announced publicly Co., Ltd. on November 2, 2005, the Cheongju City announced a public inspection announcement to designate the Cheongju-si considerable area of D, E, F, G, H, and I as a planned area for housing site development (hereinafter “base date”), and the Korea National Housing Corporation (Korean Land Corporation and the defendant were merged with the Korea National Housing Corporation on October 1, 2009, and the defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation (hereinafter “Defendant”) and thereafter designated the said housing site development project (hereinafter “instant project”).

B. Meanwhile, on October 22, 2004, J Co., Ltd. (hereinafter “instant company”) completed the commencement report on November 2, 2004 after obtaining a building permit for detached houses on the ground of the instant land.

C. The Plaintiff acquired ownership by paying the sale price on May 17, 2006 during the compulsory auction procedure as a mortgagee of the instant land owned by K, the representative director of the instant company, and completed the registration of ownership transfer on May 22, 2006.

On June 7, 2006, the Plaintiff filed a report on the change of the name of the owner to the Plaintiff. On December 6, 2006, the Plaintiff obtained approval for the use of the building listed in attached Table No. 2 (hereinafter “instant building”) newly constructed on the ground of the instant land on December 6, 2006, and completed registration for the preservation of ownership on December 22, 2006.

E. On May 28, 2009, the Defendant completed the registration of ownership transfer on May 27, 2009 with respect to the instant land and building on the grounds of consultation on public land.

F. Around April 2016, the Defendant gave guidance on the implementation of measures for resettlement and living relating to the instant project, and the Plaintiff filed an application with the Defendant to select himself as a person subject to supply of the said site on the premise that he/she is the owner and resident of the instant building.

G. However, the Defendant on July 20, 2016, after the base date.