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(영문) 대구고등법원 2016.12.09 2016누5113
이주자택지 공급 부적격처분취소
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. The reasons for the court's explanation concerning this case are as follows. The plaintiff's health insurance benefit statement of the plaintiff presented additionally at the court of first instance is insufficient to recognize that the plaintiff resided in the building of this case as the basis of living during the period stipulated in the relocation measures of this case. The plaintiff testified to the purport that N does not have any other place while living in the building of this case in the court of first instance and there is no fact that the plaintiff continued living in the building of this case and there is no other place and the plaintiff was hospitalized in the hospital near the land of this case. However, it is difficult to dismiss the plaintiff's health insurance benefit statement of the plaintiff's health insurance benefit [the fact inquiry of Daegu National Health Insurance Corporation (including the branch number) of the court of first instance as the result of the fact inquiry by the court of first instance as to Daegu National Health Insurance Corporation (Article 20 through 25 of the Administrative Litigation Act) and the witness witness statement at the court of first instance as it is, it is difficult to see the plaintiff's health insurance benefit statement of this case as it appears to have received medical treatment at a medical institution near the land of this case.

The 6th written judgment of the court of first instance is “each entry in the evidence No. 7” as “each entry in the evidence No. 7 and images”.

The 6th day of the first instance judgment's "date of conclusion of indemnity agreement" in the 9th day of the first instance judgment shall be regarded as the "date of relocation measures".

The 7th sentence of the first instance court's decision is "two months" and "four months".

The 7th sentence of the first instance court was imposed on the 8th sentence, and the period during which the 8th sentence was imposed was also several months.

The 7th sentence of the first instance court's 19th sentence "five times" is "six times," and the 20th sentence "17 times" is "16 times," respectively.

2. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just as it is concluded.

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