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(영문) 의정부지방법원 2019.11.21 2019구합168

생활대책대상자제외처분취소

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. The Defendant is a project implementer running a C business (hereinafter “instant business”) on the area of 1,185,113 square meters (the area was changed thereafter) in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu. On April 21, 2008, the Goyang-gu publicly announced the residents’ public inspection to designate the said area as a C area.

B. On September 1, 2007, the Plaintiff registered the business with "F, the date of opening the business: F, the date of opening the business: September 1, 2007; the type of the business: wholesale retail, the category of items of the business: the rice."

C. On July 13, 2016, the Plaintiff received compensation by concluding a compensation agreement with the Defendant in KRW 20,321,990 with respect to business losses incurred in closing the said FF business due to the instant business and obstacles to the said business establishment (i.e., signboards, lines, waves, and rice transfer expenses).

On January 18, 2018, the defendant set the base date on April 21, 2008, which is the public notice date for public inspection for the above residents, and set the criteria for selecting the subjects of livelihood measures for the business operators as follows, and announced the migration and livelihood measures for those who lose their base of residence and livelihood as the project of this case.

Persons subject to the formulation of a living measure for the subject shall be any of the following:

2. A portion of business conducted in the relevant business district (including agriculture, livestock industry, etc.) from one year before the base date ( April 21, 2008) to the date on which the contract for compensation or the date on which the expropriation is made, and the size of the person subject to classification of persons who received business compensation, etc. has been conducted by completing business registration after obtaining permission, etc. from one year before the base date of the business operator (the date of public announcement for public inspection) and having received business compensation, and which is 20 square meters of the land for neighborhood living facilities, a portion of business conducted in which permission, etc. is not required for permission, etc. from 1

E. On February 21, 2018, the Plaintiff filed an application with the Defendant for the supply of land for neighborhood living facilities as a means of living measures.

However, the defendant on 2018.