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(영문) 수원지방법원 2016.04.07 2015구합65606
이주대책대상자선정 거부 처분 취소 청구 등
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. A. A around 1972, around October 4, 1977, a building listed in Appendix 1 (hereinafter “instant building”) was newly constructed, and C acquired the instant building from B on October 4, 1977 in an unregistered state, and on March 20, 1981, the Plaintiff’s attached network D (hereinafter “the network”) purchased the said building again from C on March 20, 1981.

B. Hanam-si, E, F, G, and H Day, including the site for the instant building, was designated as a Bogeumjari Housing District (hereinafter “instant project district”). On May 12, 2009, the Defendant, the implementer of the said project, announced the public inspection of the residents’ designation of the district.

C. On April 2012, the Defendant: (a) established relocation measures, such as the supply of a multi-resident housing site (multi-unit housing site) or a multi-resident housing unit (multi-unit housing unit) to a person who continued to own a house and have resided in the house continuously from before the date of public inspection to the date of conclusion of the compensation contract or the date of the decision on expropriation of the house; and (b) who received compensation from the Defendant for the said house; and (c) who moves to the said house due to the execution of the said project.

On May 25, 2012, the Defendant deposited an amount equivalent to the amount of compensation for loss (43,737,150 won) on June 21, 2012 on the ground that “the building in this case is unregistered and the owner on the building ledger claims that he/she is not his/her own ownership” (No. 2531) and acquired ownership of the building in this case on June 25, 2012, which is the starting date of expropriation.

E. On June 27, 2013, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of the claim for payment of deposit against the Defendant at the Sungnam District Court, and on September 12, 2014, “the Defendant deposited the deposited goods with respect to the instant building.”

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