이주대책대상자제외처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the owner of Goyang-gu B’s ground housing (hereinafter “instant housing”) in Gyeyang-gu, Gyeyang-gu, Yangyang-gu, and the Defendant is the project implementer of the Goyang-gu, Yangyang E-E District Housing Site Development Project (hereinafter “instant project”).
1. Location: Goyang C, D members;
2. Area: 1,178,000 square meters (356,000 square meters);
3. Urban planning matters: Natural green area and development restriction zone;
4. Population: 16,360 persons (5,454 households).
5. The proposer of district designation: The President of the Korea Land Corporation.
B. On October 13, 2005, the defendant made a public inspection and announcement for the designation of the area to be designated as the E area to be the housing site development. The contents are as follows.
C. On December 14, 2009, the Defendant paid KRW 66,886,310 with obstacles and business loss compensation in accordance with an agreement with the Plaintiff. However, as a result of examining whether the owner of housing, etc. in the instant project district is eligible for the relocation measures, the Defendant determined that the Plaintiff did not be eligible for the relocation measures on the ground that the Plaintiff did not continue to reside in the instant housing from the date of public announcement of the designation of the planned housing site development district for the instant project to the date of concluding the compensation contract, and notified the Plaintiff on January 5, 2015 that the Plaintiff was excluded from
(hereinafter “instant disposition”) D.
The Plaintiff filed an objection against the instant disposition, but was dismissed on March 30, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 13, 14, Eul evidence Nos. 1, 4, and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion continued to reside as the owner of the instant housing until December 14, 2009, which was the date of concluding a compensation contract after filing a move-in report with the instant housing on September 27, 2002.
On April 28, 2003, the Plaintiff was a F apartment of the Suwon-si District, 507 Dong 202 (hereinafter “Grain-si apartment”).