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(영문) 광주지방법원 2019.04.25 2018구합784
이주대책대상자부적격처분취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. On September 30, 2009, the Minister of Land, Transport and Maritime Affairs officially announced C with the Ministry of Land, Transport and Maritime Affairs to approve the "J industrial complex development project" to develop the Gwangju Mine-gu Ddong, Edong, Fdong, and Jeonnam-do Gri, Hri, and Iriwon as an industrial complex, and the defendant is the operator of the above project.

B. B, in the foregoing industrial complex zone, owned and resided in the building on the K ground of Gwangju Mine-gu, Gwangju, and concluded a compensation agreement with the Defendant on December 18, 2012.

C. B The deceased on April 20, 2013 (hereinafter “B”) and the Plaintiff (Appointed Party) and the appointed parties are the deceased’s children and their legal successors.

1) Relocation measures) Where a person who has continuously owned and resided in a project district continuously from before the date of public inspection and public announcement of the designation of an industrial complex subject to establishment of a housing site for the Gu subject to the supply of a housing site for the migrants (the date of September 30, 2009) before the date of concluding a compensation contract or the date of adjudication of expropriation, and who has received compensation for the house from the defendant and relocated due to the implementation of this project, one house for one household (one house supplied where the same household owns two houses) on the basis of the supply scale of one house for one household (the one house supplied where the same household owns two houses) and one house for one household (the one house supplied), which is 265 square meters or less per piece of land for a housing site for the housing site for the migrants at the cost of development, is supplied with the amount calculated by subtracting the installation cost of basic living facilities under Article 41-2 of the Enforcement Decree of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, the excess portion shall be owned from the appraisal price to the date of the project implementation of the project.

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