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(영문) 수원지방법원 2017.03.21 2016구합68114
이주대책대상자제외처분취소
Text

1. Of the instant lawsuit, the part regarding the claim for the cancellation of the disposition that was excluded from the person subject to the relocation measures on September 28, 2016 shall be dismissed.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On February 20, 2012, the Plaintiff entered into a compensation agreement with the Defendant on the obstacles, such as the E-ground housing (hereinafter “instant housing”) to be incorporated into the project for the development of housing site and the project for the other Yangyang-si, for which the approval and publication of the development plan for housing development and the conversion of the Bogeumjari Housing Zone were publicly announced, as notified by the Ministry of Land, Transport and Maritime Affairs (see, e.g., July 14, 2010) and the said notification C (see, e., Sept. 17, 2010).

B. On July 28, 2016, the Plaintiff filed an application with the Defendant for the selection of a person subject to the relocation measures, asserting that he/she is a person subject to the relocation measures, and the Defendant notified the Plaintiff that he/she is disqualified (hereinafter “instant disposition”).

As a result of the examination of relocation measures for the area of the public housing zone in South Yangyang-ju ( disqualified No. 13), the thickness of relocation measures for the area of the public housing zone in South Yangyang-ju is not consistent with the criteria for persons subject to relocation measures and is determined as disqualified and information about the following matters.

The cancellation lawsuit may be filed against the results of the examination within 90 days from the date the disposition, etc. is known pursuant to Article 20 of the Administrative Litigation Act.

- A person subject to relocation measures - A person who has owned a legitimate house in the project district and has resided continuously in the project district (or the date of adjudication of expropriation) before the date of public inspection and publication of the residents (one year prior to the date of the conclusion of the compensation contract (one year prior to the date of the adjudication of expropriation) and has moved to the country 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, 1

C. On September 2, 2016, the Plaintiff filed an objection against the Defendant (hereinafter “instant objection”). On September 28, 2016, the Defendant notified the Plaintiff of the results of the examination as follows (hereinafter “instant notification”).

As a result of the review (Evidence A) on an objection to relocation measures: The reasons why the objection is disqualified for relocation measures: the residency requirements.

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