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(영문) 수원지방법원 2017.05.30 2016구합68725
이주대책대상자제외처분취소
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 July 14, 2010, the Defendant is the executor of the Namyang-si Housing Project (hereinafter “instant Project”) publicly notified by the Ministry of Land, Transport and Maritime Affairs, and the Ministry of Land, Transport and Maritime Affairs on September 17, 2010, and the approval and public notice of the housing development plan and the conversion of the Bogeumjari Housing Zone.

B. The Plaintiff established and owned a vinyl house (hereinafter “instant facility”) without obtaining permission on the land of the E in Namyang-si, Namyang-si, a company incorporated into the instant business area.

On August 1, 2012, the Plaintiff entered into a compensation agreement with the Defendant regarding the instant facilities.

C. On July 28, 2016, the Defendant notified the Plaintiff of the result of the examination of the relocation measures of the instant project that the Plaintiff was disqualified.

(hereinafter “instant disposition”). As a result of the review of the relocation measures for public housing zones in Namyang-ju, guidance (non-conformity No. 2) is given as a result of the review of the relocation measures for public housing zones in Namyang-ju, the thickness is not consistent with the criteria for persons subject to relocation measures and is determined as disqualified, and the following is announced:

If there is an objection as a result of the review of the relocation measures, it is time to submit an objection, explanatory materials, etc. in writing by no later than 6 p.m. on September 2, 2016.

The cancellation lawsuit may be filed against the results of the examination within 90 days from the date the disposition, etc. is known pursuant to Article 20 of the Administrative Litigation Act.

- Persons subject to relocation measures - Persons (excluding owners of unauthorized buildings, corporations, organizations, etc. after January 25, 1989) who owned and continuously resided in the relevant project district from before the date of public inspection and publication (one year prior to the date of conclusion of the compensation contract (or the date of adjudication of expropriation) to the date of conclusion of the compensation contract (one year prior to the date of adjudication of expropriation) and who moved after receiving compensation for the house due to the implementation of the project (excluding the grounds for recognition) / The absence of dispute, Gap's entries in the evidence 1 and 2, and the purport of

2. The plaintiff's assertion and judgment are as follows.

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