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(영문) 대구지방법원 2016.04.19 2015구합1993
이주자택지 공급 부적격처분취소
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. The Plaintiff is a person who completed the registration of ownership preservation on November 30, 1999 with respect to each ground floor, housing, stable, etc. (hereinafter collectively referred to as the “instant building”) of 463 square meters prior to Daegu Suwon-gu B (hereinafter referred to as “Seoul-gu D1 land”), and 2,076 square meters prior to E (hereinafter referred to as “Seoul-gu F. 1,604 square meters prior to the Daegu-gu D1 land due to the division and change of administrative district name; hereinafter referred to as “the instant building”) of 2,076 square meters prior to E., and the Defendant is a project implementer of the Daegu-gu Free Economic Zone G development project (hereinafter referred to as the “instant project”).

B. Based on Article 13 of the Act on Designation and Management of Free Economic Zones, Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and Article 40 of the former Enforcement Decree of the Land Compensation Act (amended by Presidential Decree No. 26867, Jan. 6, 2016; hereinafter the same), the Defendant established measures for resettlement and life (hereinafter “the relocation measures of this case”) on July 2015 for those who lose their base of livelihood as a result of providing residential buildings as a result of the implementation of the instant project, to which they would be deprived of their base of livelihood, as follows:

Guidance on the implementation of migration and living measures;

2. Record date of selection of eligible persons: February 20, 2012 (Approval date of implementation plans).

4. A person who has owned a house in the district continuously and resided in the house before the relevant base date for the supply of the classification for relocation measures until the date of concluding the compensation contract (or the date of adjudication for expropriation), and emigrateed due to the execution of this project after receiving compensation for the house from the Korean construction works;

(i) On or after January 25, 1989, the owner of an unauthorized building, a corporation, or an organization owns two or more houses by the same household that share the same livelihood with a single household by lot.

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