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(영문) 대법원 2016.04.29 2014두9462
이주대책대상자제외처분취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The lower court determined that each of the dispositions of this case except the Plaintiffs from the person subject to relocation measures was lawful on the ground that it was insufficient to recognize that the Plaintiffs continued to own a house from before the date of public inspection announcement to the date of conclusion of compensation contract or the date of expropriation decision, and actually resided as a basis for livelihood, and that they lost their base of livelihood due to the implementation of the project of this case.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the facts due to the violation of the rules of evidence and the incomplete hearing, or by misapprehending the legal principles as to the abuse of discretion, or omitting judgment, contrary to what is alleged in the grounds of appeal.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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