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(영문) 의정부지방법원 2017.12.12 2016구합11136
주민지원사업 대상자 미반영 처분 취소
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 Plaintiff has continued to reside in the said domicile since he/she completed the move-in report to C in Nam-si, Namyang-si on January 29, 2014.

B. B. The Plaintiff owned land E, F, and G (hereinafter “instant land”) from the date before the Plaintiff’s attachment was designated as the water source protection area, and the Plaintiff inherited the instant land by way of the division of inherited property consultation upon the death on February 19, 2014 while the Plaintiff continued to reside on the land B in Nam-si, Nam-si (hereinafter “instant land”). As the Plaintiff died on July 16, 2015, the Plaintiff inherited the instant land solely by the division of inherited property.

C. On January 19, 2016, the Plaintiff filed an application with the Defendant for a direct support project in 2016 pursuant to the relevant statutes, such as the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin and the Enforcement Decree thereof (hereinafter “the Han River Watershed Act” and “Enforcement Decree of the Han River Watershed Act”). On April 13, 2016, the Defendant notified the Plaintiff that “The instant land was re- inherited from the original subject and did not directly recognize re-heir as the subject of the support project,” and that “the total amount of the basin of the Ministry of Environment and the non-re-heir pursuant to subparagraph 309 ( February 12, 2015)” (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the said commission dismissed it on September 21, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s instant disposition should be revoked on the following grounds.

1. According to the language and text of Article 13(1)1 and 2 of the Enforcement Decree of the Han River Watershed Act and the legislative intent of resident support projects, not only the inheritor who directly succeeds to the land, etc. from the residents falling under Article 13(1)1 of the Enforcement Decree.

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