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(영문) 대구지방법원 2016.04.26 2015구합1290
이주대책대상자제외처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is the executor of the B development project promoted in the one-time zone in the port zone (hereinafter “instant project”).

B. The Plaintiff owned 2 wooden building units (hereinafter collectively referred to as “instant housing”) constructed without permission or reporting between 1932 and 1962 on the ground of Nam-gu, Nam-gu, Seoul (hereinafter referred to as “instant land”) located in the instant project, and was admitted to the instant housing by implementing the instant project.

It is limited to a person who has continuously owned and resided in a house (residential building) in the project district concerned from before the base date of the person subject to relocation measures and the person subject to relocation measures ( September 30, 2009) to the date of conclusion of the compensation contract or the date of the decision on expropriation, and whose owned house is removed in accordance with the project concerned (excluding the owner of an unauthorized building, corporation, or organization after January 25, 1989).

(a) Measures 1) Unauthorized building owners, corporations, or organizations constructed after January 25, 889 (one parcel if the same household sharing the same household owns two or more houses) on the supply basis of one parcel for one household (one parcel if the same household owning two or more houses, one parcel): The supply cost per parcel does not exceed 265 square meters, less than 265 square meters, less than the basic living facilities installation cost under Article 41-2 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and have been continuously resided in the relevant project district from September 30, 200 to the date the compensation contract is concluded or the expropriation is decided, and have been compensated for compensation for losses and wishes to supply the housing sites to the migrants due to the implementation of this project: The supply time in excess of 265 square meters of basic residential facilities based on the order of priority in the supply site and the land use plan in the second half of 2015 shall be impeded.

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