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(영문) 서울고등법원 2014.10.02 2013누53334
이주자택지공급신청거부처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the addition or replacement of a part of the judgment of the first instance as set forth in the following paragraph (2). Thus, this is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

(a) 270,00,000 won shall be added to “320,000,000 won” under the third and fourth parallels 3 through 2;

(b)Paragraph 4, 14, the following shall be added:

(3) Any person who falls under any of the following subparagraphs shall be excluded from the person subject to the measures for relocation; 2. The owner of a building who fails to continuously reside in the building concerned from the date of public notification, etc. under the relevant Acts and subordinate statutes for public works to the date of conclusion of the contract or the date of adjudication on expropriation: Provided, That the same shall not apply to cases where he/she fails to reside in the building due to medical treatment due to disease, enlistment by conscription, public duties

C. Under Chapter 4, the term “with respect to the instant building” shall be read as “one building among the instant buildings”.

Under the 4th page, the part of the second to the 5th "less there is no evidence" shall be deleted.

3. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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