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(영문) 수원지방법원 2016.08.31 2016구합61762
이주자택지공급대상자제외처분취소
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 of the housing site development project in the zone B (hereinafter “instant project”), and the Plaintiff is a person who has resided in the first floor house of Pyeongtaek-si ground assembly type board in the instant project district (hereinafter “instant house”).

B. Around May 2014, the Defendant provided guidance on the implementation of the instant project to those who have lost their residence and base of living. According to the Defendant’s “Guidelines for Guidelines for Guidelines for Formulation of Resettlement and Living Measures” (hereinafter “instant Guidelines”), in the instant project, the date on which the person subject to the establishment of migration and living measures (hereinafter “base date”) is the date of the public announcement for the designation of the instant project district for public inspection of residents, and the relevant contents of the instant guidelines are as follows.

1) A person subject to special supply of housing (excluding an unauthorized building owner, corporation, organization) shall be one parcel of housing (one parcel of land if the same household living together with the same household owns two or more houses) on the basis of the supply of one unit of housing (excluding an unauthorized building owner, corporation, organization) that has owned a house continuously from one year before the base date of the person subject to the supply of the housing site for the migrants until the date of conclusion of a compensation contract (or the date of adjudication of expropriation) for the said house, and one unit of housing (excluding an unauthorized building owner, corporation, organization) that has been relocated due to the execution of the project after receiving compensation for the said house from the project operator. (ii) A person subject to special supply of housing who has renounced his right to be supplied with the housing site from among the persons subject to the supply of the housing site for the migrants and requested the special supply of housing. (ii) A portion of housing that has been residing in the housing (or the date of adjudication of expropriation) before the base date before the conclusion of the compensation contract for the said housing and has been relocated due to

C. Meanwhile, on November 8, 1996, registration of ownership preservation of D in the name of November 8, 1996.

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