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(영문) 수원지방법원 2017.05.16 2016구합70858
이주자택지대상자제외처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the project implementer of the G Housing Site Development Project (hereinafter “instant project”) whose project area covers a single unit, such as Pyeongtaek-si B, Dong C, Ddong, E Dong, FMyeon, etc.

B. On July 2, 1998, H completed the registration of preservation of ownership with respect to the 156.17 square meters of a wooden tank, a fluoral roof, a single 56.17 square meters of a house with earth bricks and a branch roof, 57.59 square meters of a house with mentrings and a branch roof, 15.04 square meters of a warehouse in the luoral luor roof, 10.0 square meters of a place where dangerous substances in light of light metal and a steel-framed structure are handled, 14.10 square meters of a place where dangerous substances in light of light metal structure are handled, she resided in the instant house, etc., and died on January 20, 2005.

H’s heir has spouse J, son, K, and L.

C. On March 22, 2005, the Plaintiff, K, and L completed the registration of share transfer on the ground of inheritance by agreement and division with respect to each one-third of the instant housing, etc.

The instant housing site was incorporated into the instant project zone, and the Plaintiff applied for the selection of the Defendant as a person subject to relocation measures.

Accordingly, on April 29, 2015, the Defendant notified the Plaintiff that the Plaintiff was disqualified:

(hereinafter referred to as “instant notification 1”). 1. The thickness is known as “non-disqualification” as a result of the review of a person subject to relocation measures.

2. If an objection is raised as a result of the selection of the aforementioned relocation measures, an objection, additional explanatory materials, etc. shall be submitted in writing by no later than May 29, 2015, and an objection shall be made within the period, and an objection shall be made by notifying that the results of the examination are determined at the time of an application for non-application within the period.

3. In addition, scenarios shall be known to the effect that an administrative appeal or administrative litigation may be instituted within 90 days from the date of receipt of the relevant notification under the Administrative Appeals Act, the Administrative Litigation Act, etc.

E. On November 21, 2016, the Plaintiff applied for the appointment of the Defendant as a person subject to relocation measures, and the Defendant on December 13, 2016.

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