beta
(영문) 창원지방법원 2018.10.17 2018구합50442

이주대책대상자부적격결정처분취소

Text

1. The instant lawsuit shall be 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 for an urban development project B with area of not more than 964,693 square meters in Jin-si, Jin-si, which was publicly announced as Sejong on March 26, 2009, the Defendant is a project implementer for an urban development project of not more than 964,693 square meters.

B. On March 6, 2017, as of March 26, 2009, the Defendant, as of March 26, 2017, continuously resided in the instant project district (excluding an unauthorized house and a corporation or organization’s house after January 24, 1989) and announced that a person whose house is demolished according to the instant project will be selected as a person subject to relocation measures and will be paid the relocation measures, such as the housing site for migrants or the resettlement funds.

C. On May 4, 2017, the Plaintiff filed an application with the Defendant for relocation measures on the ground that he/she has continuously resided in the cement block structure, string roof, a single-story house (hereinafter “instant house”) on March 29, 1981, on the grounds that he/she acquired on March 29, 1981 and continuously resided therein. However, on August 7, 2017, the Defendant notified the Plaintiff that he/she does not constitute a person subject to relocation measures on the ground that the evidence was incomplete.

On September 20, 2017, the Plaintiff filed an objection against the Defendant. However, on November 21, 2017, the Defendant issued a non-conformity notification against the Plaintiff on the ground that it is difficult to regard the Plaintiff as the owner of the instant house (hereinafter “instant notification”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 1, 4 through 7 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

1) The Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”)

2) An objection to the rejection disposition set forth in paragraph (1) (hereinafter referred to as “civil petition”);

administrative agency shall be deemed to be an unlawful or unjustifiable disposition or omission.