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(영문) 창원지방법원 2020.01.09 2019구합51206
이주대책대상자추가선정거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On March 26, 2009, the Gyeong-nam Do governor announced the designation and development plan of the urban development project zone C with respect to the Seoul Special Self-Governing Province B.

(Public Notice D, hereinafter referred to as the “instant project”). B.

The Defendant, as the project executor of the instant project, publicly announced the implementation of the relocation measures as follows pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) on March 6, 2017.

The criteria for selection of eligible persons: Persons subject to measures for relocation on March 26, 2009 (the date of announcement of the designation of a zone): Persons who owned houses (excluding unauthorized houses, corporations, or organizations owned after January 24, 1989) in the relevant project district from before the base date to the date of consultation on compensation and continuously reside therein and the houses are removed according to the relevant project.

C. The Plaintiff filed an application with the Defendant for the selection of a person eligible for relocation measures on the ground that he/she met the requirements for the selection of a person who resides in the building E located in the instant project district (hereinafter “instant building”). However, on August 7, 2017, the Defendant notified the Plaintiff on the ground that the registered use of the instant building was not a residential person but a manager.

Although the Plaintiff filed an objection against this, the Plaintiff’s objection was dismissed on November 21, 2017.

On November 7, 2018, the Plaintiff filed an application with the Defendant for further selection as a person subject to relocation measures.

On November 9, 2018, the Defendant sent a reply following an application for additional selection of a person subject to relocation measures to the effect that “the result of the instant project relocation measures ( August 7, 2017) and the result of reexamination ( November 21, 2017),” to the Plaintiff on November 9, 2018.

(hereinafter “instant disposition”) e.

On December 27, 2018, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the appeal was dismissed on December 27, 2018.

The plaintiff was served with a written adjudication on administrative appeal around January 14, 2019.

【Legal basis for recognition】

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