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(영문) 서울행정법원 2016.09.01 2016구합643
생활대책대상자거부처분취소등
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

On December 3, 2009, pursuant to Article 6 of the Special Act on the Construction of Bogeumjari Housing, Etc., the Minister of Land, Transport and Maritime Affairs designated the Seocho-gu Seoul Metropolitan Government Idong, Jdong, Kdong, and Ldong 769,000 square meters as a housing zone (hereinafter “instant housing zone”) and designated the Defendant as the project implementer of HH Bogeumjari project (hereinafter “instant project”).

(M) 3. The base date for livelihood countermeasures: The Minister of Land, Transport and Maritime Affairs shall grant the right to be supplied with shares of 16.5 square meters or less in the sale share of the relevant district or in the land for livelihood countermeasures against a person who entered into a contract for consultation and voluntarily relocated after obtaining permission, filing a report, etc. at a legitimate place within the relevant district from before the base date of the person subject to compensation for business loss due to the conditions of supply of the relevant measures, from the base date of the person subject to compensation for business loss before the base date to the date of conclusion of the contract for consultation.

Around December 2010, the Defendant, based on the provision on the supply of the Defendant’s housing site and the store price, announced and announced the future compensation procedure, type of compensation, relocation measures, and criteria for determination of living countermeasures, as the title “the project compensation guidance of the instant case,” and the main contents of the part of the living measures are as follows:

Plaintiff

Plaintiff A, B, C, and N (N died on January 9, 2013, and the heir was the husband, Plaintiff E and F, the husband, and Plaintiff E and F. (hereinafter collectively referred to as “Plaintiff A, etc.”), including Plaintiff A, B, and C, applied for business loss compensation and living measures against the Defendant on April 15, 201, when the Seocho-gu Seoul OO land, etc. incorporated into the instant business district, was engaged in the business of cultivating and selling the flowers.

On May 13, 2011, the Defendant installed a vinyl house for sale in accordance with the relevant provisions in the project district of this case to the Plaintiff A, etc. prior to the designation of the district prior to the designation of the district.

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