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(영문) 서울고등법원 2017.06.16 2016누79337
이주대책대상자제외처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Defendant is a project implementer of the housing site development project in the zone B (hereinafter “instant project”), and the Plaintiff is the owner of the cement block slate building (area: 42.3 square meters; hereinafter “instant building”) located within the instant project district.

B. In 2014, the Plaintiff filed an application with the Defendant to select himself as a person subject to relocation measures.

On April 29, 2015, the Defendant notified the Plaintiff that the Plaintiff is disqualified (hereinafter referred to as “the first notification”) as a result of the examination of the person subject to the relocation measures for the instant project, and submitted a written notice of “if there is an objection to the result of the selection of the aforementioned relocation measures, an objection and additional explanatory materials, etc. by May 29, 2015,” to the Plaintiff.

In addition, it is known that an administrative appeal or administrative litigation may be filed within 90 days from the date of receipt of the notice.

A. Around April 2016, the Plaintiff received the above notification. (c) Around April 2016, the Plaintiff submitted an application to move and establish a livelihood plan to the Defendant. On May 11, 2016, the Defendant sent to the Plaintiff a notice of the result of the examination of an objection to the relocation plan to the effect that “the use of the instant building (a stable) does not meet the requirements for the selection of eligible persons and does not meet the requirements for the selection of eligible persons,” and that the Plaintiff does not accept the objection because it is disqualified (hereinafter “the second notification”). 【The grounds for recognition” is without any dispute, the Plaintiff’s evidence Nos. 2, 10, and 4 and 5 evidence Nos. 4 and 5 (including the number; hereinafter the same shall apply). The purport of the entire pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. On the premise that the Plaintiff’s second notification is an administrative disposition, the Defendant asserts that the second notification does not constitute a disposition subject to appeal litigation and that only the first notification made on April 29, 2015 constitutes a disposition subject to appeal litigation.

Therefore, it is therefore.

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