1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff purchased the instant housing in around 2008 and completed the move-in report to the location of the instant housing on February 3, 2009, and had continued to reside in the instant housing until the time of entering into an indemnity agreement for the instant housing, and therefore, the Plaintiff satisfied the requirements for the person subject to the move-in measures.

Nevertheless, the Defendant determined that the Plaintiff did not actually reside in the instant house and excluded the Plaintiff from the person subject to the relocation measures for the instant project, and thus, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes.

C. 1) Determination is based on the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”).

Article 78(1) of the Enforcement Decree of the former Public Works Act (amended by Presidential Decree No. 28806, Apr. 17, 2018; hereinafter the same) stipulates that a project operator shall establish and implement relocation measures for those who lose their base of livelihood as a result of the provision of a residential building due to the implementation of a public project.

Article 40 provides for the establishment and implementation of measures for resettlement in accordance with the delegation of the Public Works Act. The main sentence of paragraph (3) 2 of the same Article excludes the owner of a building who has not resided in the building concerned continuously from the date of public announcement, etc. of the relevant Acts and subordinate statutes for public works to the date of conclusion of the contract or the date of adjudication of expropriation. The proviso to the same subparagraph of the same Article provides that "it is not residing in the building due to illness, enlistment due to conscription, public duties, school attendance, or other inevitable reasons equivalent thereto" shall be