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(영문) 인천지방법원 2018.12.13 2018구합52901
이주자택지공급대상제외처분취소 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 27, 2006, the head of Seo-gu Incheon Metropolitan City announced the public inspection according to the proposal for the designation of a planned area for housing site development with respect to the area of 11,188,450 square meters in Seo-gu, Incheon, Seo-gu, Incheon. On February 6, 2009, the Minister of Land, Transport and Maritime Affairs announced D's designation of a planned area for housing site development and approval of a development plan for a planned area for housing site development in the zone of D'

B. On June 5, 2002, E, the husband of the Plaintiff, obtained a building permit to build houses and warehouses on the land of Seo-gu Incheon, Seo-gu, Incheon, and around that time, three-story houses and warehouses (hereinafter “instant building”).

E died on August 3, 2010, and E’s inheritors, including the Plaintiff, agreed on December 13, 2010 to own the instant building through an inheritance division consultation.

C. The Defendant, as the operator of the instant project, established the relocation measures for the instant project pursuant to Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40 of the Enforcement Decree of the same Act, and publicly announced the period of application for the relocation measures from January 2, 2017 to April 28, 2017. Of the relocation measures, the Defendant determined the requirements for a person subject to the relocation measures, among the relocation measures, the requirements for a person subject to the relocation measures, “the person who has continuously owned and continuously resided in a house within the project district from January 2, 2017 to April 28, 2017” as “the date of the public announcement of the designation of the housing site subject to the housing site development plan (O. 27,

On February 10, 2017, the Plaintiff filed an application with the Defendant for the selection of a person to be supplied with a resettled housing site. On July 28, 2017, the Defendant issued the first notification to the Plaintiff, stating that the Plaintiff failed to meet the requirements for a person to be supplied with a resettled housing site and was excluded from the person eligible for the relocation measures (hereinafter referred to as “the first notification”).

shall be made within 30 days, if any, and if there is an objection to this decision.

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