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(영문) 서울행정법원 2017.11.10 2017구합62532
이주자택지 등의 공급대상자 제외처분 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. On January 9, 2008, the Defendant is the executor of the F Housing Site Development Project for which the approval for the development plan for housing site development (hereinafter the above project referred to as “instant project” and the above project area “instant project area”) is approved and publicly notified, with the area of land C, D, Ewon 1,436,130 square meters as the project area B in the Ministry of Construction and Transportation notification.

B. 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 same Act, the Defendant established the relocation measures (hereinafter “the relocation measures of this case”) under which “the person who continuously resided in the building from December 30, 204, the first compensation commencement date, before the date of public inspection by the residents of the area designated for the development of housing sites (hereinafter “the basic date of this case”) and the first compensation commencement date under Article 22 of the Building Act, was the residential building within the project area of this case, and continuously resided in the building from December 28, 2004, the first compensation commencement date, one year before the basic date of this case, and who is removed by the project of this case, was designated as the person subject to relocation measures (hereinafter “the relocation measures of this case”).

C. On September 2016, the Plaintiff, the owner of the 1st 104 unit of G-based building (hereinafter the above building “instant building” and the above house “instant housing”) located within the instant project zone, applied for the selection of the subject of relocation housing site to the Defendant.

Around June 2016, the Defendant notified the Plaintiff that “the Plaintiff owned the instant building after the base date of this case,” was disqualified for being supplied with the housing site to the Plaintiff.

E. On or around December 2016, the Plaintiff filed an objection against the Defendant. However, on March 9, 2017, the Defendant notified the Plaintiff of the result of the review that the Plaintiff was excluded from the suppliers of the housing site for migrants, etc. as a result of the review on the Plaintiff’s objection, and that the Plaintiff was excluded from the suppliers of the housing site for migrants.

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