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(영문) 수원지방법원 2017.06.22 2016구합69124
이주대책대상자제외처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 3, 2009, the Defendant is a project implementer of the E-Housing Project publicly notified by the Ministry of Land, Transport and Maritime Affairs on December 3, 2009, or the Ministry of Land, Transport and Maritime Affairs on November 16, 201, such as the designation and public notice of the D-based Housing Zone and the approval for modification of the district plan (hereinafter “instant

B. On April 11, 2013, the Defendant entered into a contract on compensation for obstacles to the instant housing with the Plaintiff, the owner of the Franju-si ground housing located in the instant project district (hereinafter “instant housing”).

No. : Information on the following matters shall be announced as disqualified as a result of the review of the measures for relocation of the South-North Korea B as a result of the examination of the measures for relocation of the South-North Korea B.

1. If an objection is raised as a result of the review of the measures for resettlement, the main time is to file an objection and explanatory materials in writing not later than 6 p.m. on September 2, 2016, and the result of the review at the time of an application for non-performance within that time limit is determined.

3. A revocation suit may be instituted within 90 days from the date on which he/she becomes aware of a disposition, etc. under Article 20 of the Administrative Litigation Act regarding the results of the review.

- A person subject to relocation measures - A person who has owned a legitimate house in the relevant project district and has continuously resided therein (or the date of adjudication of expropriation) before the date of public inspection and publication by residents (on October 20, 2009) by the date of concluding a compensation contract (or the date of adjudication of expropriation) and who has relocated after receiving compensation for the house due to the implementation of the project (excluding the owner of an unauthorized building, corporation or organization after January 25, 1989);

C. On July 28, 2016, the Defendant sent a notice to the Plaintiff that the Plaintiff was determined as disqualified because it failed to meet the criteria for persons subject to relocation measures and reached the Plaintiff on August 1, 2016.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 4, and Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant lawsuit is lawful

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