성주지구 이주택지 분양자변경 요청 거분처분 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The defendant is the implementer of the "C Project" in the Changwon National Industrial Complex approved on July 1, 199, and the plaintiff is a person who has resided in the above business complex and was working as a relocation measure member who was at the time as part of the land compensation for the above business.
B. In order to determine persons subject to relocation measures under Article 36 of the former Industrial Sites and Development Act and Article 78 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the “Rules on Assistance to Relocating Residents at Changwon-si” that stipulate the payment of the relocation site for relocated residents in the above project area as determined by the Defendant prescribed the following qualifications to be subject to relocation measures:
(The approval date of the project implementation plan shall be July 1, 1999). Subject to Article 2 (Subject Time), the subject and timing of payment of the relocation site at Changwon-si shall be as follows:
1. A building prior to the date of public notification of an industrial base development zone, which has been prior to the date of approval of the execution plan of the relevant district project; and
2. A resident of the previous building on January 24, 89, prior to the approval date of the execution plan of the project concerned.
C. From around 1997, the Plaintiff was residing in the E-ground housing in Changwon-si, one’s own name, Nonparty D, and he was unable to receive compensation for the said housing site because he was not the owner of the said housing, and was recruited with D to receive compensation in the name of D.
D Around that time, in spite of the fact that the father was living in the house on the G ground in Changwon-si, whose father was the father of the Dong F, the person was living in the house on July 11, 1997, the person was transferred from Jeju-do H to the above E. D.
On December 28, 2004, the Defendant: (a) decided the Plaintiff as a person entitled to inheritance of G housing (the Plaintiff’s mother was residing in the Plaintiff’s I); (b) sold the land J in Yongsan-gu, Sungwon-si, Changwon-si, the relocation housing site to the Plaintiff in KRW 45,827,740 on December 9, 2010; (c) decided D as the owner and resident of the housing on the ground of E and as a person eligible for sale of the relocation housing site; and (d) decided D as a person eligible for sale of the relocation housing site on December 22, 2010, on KRW 64,820,920.