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. On July 20, 1998, the Plaintiff completed a move-in report to Pyeongtaek-si B (the current address is Pyeongtaek-si C due to the change of administrative district and the reorganization of road name address; hereinafter “instant domicile”). From that time, the Plaintiff resided with his father D in the instant domicile.
B. On December 23, 2005, the Defendant obtained approval for the instant project from the Minister of Land, Infrastructure and Transport on May 30, 2008, following a public announcement for the designation of the instant planned project area by residents’ perusal for the purpose of the designation of the instant planned project area.
C. D, on March 29, 201, donated the land at the instant domicile and its ground housing (hereinafter “instant housing”) to the Plaintiff, and completed the registration of ownership transfer on April 7, 201, and died on February 22, 2013.
On June 2014, pursuant to Article 78(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”) and Article 40 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 26867, Jan. 6, 2016; hereinafter the same) of the same Act, the Defendant established the following relocation measures (hereinafter “the relocation measures of this case”) against the owners of housing, etc. who lose their base of livelihood as the project of this case, and ordered them to implement such measures:
1) Before one year prior to the date of public inspection by the residents of H District (or the date of adjudication of expropriation), a person to be supplied with the housing site of the migrants is continuously owning the housing and continuously residing in the housing (or the date of adjudication of expropriation) by the date of conclusion of the compensation contract (or the date of adjudication of expropriation). The portion 2) the person to be specially supplied with the housing continues to own the housing before the date of public inspection by the residents of H District (or the date of adjudication of expropriation) and resided in the housing (or the date of adjudication of expropriation) before the date of conclusion of compensation contract.