1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Defendant is the executor of the Busan Eva City Development Project (hereinafter “instant project”), which is promoted in the Gangseo-gu Busan Metropolitan City, Gangseo-dong, Dong-dong, Dong-dong, Taedo-dong, and Dong-do 11,885,000 square meters of land, and the progress of the instant project is as follows.

1) On July 12, 2012, the public announcement of the perusal and presentation session for the designation of the residents of the residents of the Gangseo-gu Busan Metropolitan City for the designation of the Busan Metropolitan City Deel City waterfront (No. 2012-519 of the Gangseo-gu Busan Metropolitan City public announcement; hereinafter “instant announcement”).

2) On December 14, 2012, notice on the designation, etc. of the Busan Eva deel City (Public Notice of the Ministry of Land, Transport and Maritime Affairs No. 2012-888)

B. On October 9, 191, the Plaintiff’s birth B acquired the ownership of the building on the land of Gangseo-gu Busan Metropolitan City (hereinafter “instant building”) located in the instant project zone, and on November 16, 2000, changed the use of the said building from the housing to the neighborhood living facilities (cafeteria).

Meanwhile, on May 10, 200, the Plaintiff opened a restaurant with the trade name “D” on January 5, 2001 after filing a move-in report on the instant building, and acquired the ownership of the instant building during the compulsory auction procedure on August 1, 2007.

C. On February 2, 2015, the Defendant completed the registration of ownership transfer on the instant building due to expropriation on January 13, 2015.

The Defendant, pursuant to Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and Article 40 of the Enforcement Decree of the Land Compensation Act, established relocation measures due to the implementation of the project of this case, and publicly announced the base date for relocation measures as of July 12, 2012, which is the public announcement date of the instant public announcement.

E. On July 9, 2014, the Plaintiff applied for the selection of the Defendant as a person eligible for the relocation measures of the instant project. However, on June 30, 2015, the Defendant determined the Plaintiff as a person ineligible for relocation measures on the ground that “the instant building is not a residential building, and is excluded from the eligibility for relocation expenses because it was not a residential building as a residential building,”

(c).