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(영문) 대구지방법원 2016.07.19 2016구합423
이주자택지공급부적격처분등취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiff A is the owner of the Daegu Suwon-gu Dampo C, 415 square meters and the retail store of the end-to-door neighborhood living facilities 9.60 square meters on the ground of cement block structure for the cement block structure (hereinafter “instant building”) and the Plaintiff B is the owner of the 70.2 square meters of the 1st floor office of the 2nd class neighborhood living facilities in the 70.2 square meters of the 70th floor in the 2nd class neighborhood living facilities in the 7th place in the 7th place in the 2nd class of the 2nd roof. (hereinafter “instant building”).

(hereinafter referred to as "each building of this case" in total, and each land and building of this case shall be referred to as "each real estate of this case" in total.

The Defendant, as the implementer of the F development project (hereinafter “instant project”) approved and publicly notified by the implementation plan as announced by the Ministry of Knowledge Economy ( February 20, 2012), received the ownership of each of the instant real estate from the Plaintiffs on the ground of an agreement or land expropriation from January 27, 2014 to January 30, 2015.

C. On July 6, 2015, the Defendant: (a) established and publicly announced relocation and livelihood measures for those who would lose their means of living and livelihood as their residential buildings or places of business, etc. were incorporated into a district due to the implementation of the instant project; and (b) among them, the details of supply of the housing sites for migrants are as follows.

On February 20, 2012 (the date of approval of the implementation plan; hereinafter referred to as “the date of the instant selection criteria”) from the base date to be supplied on February 20, 2012 (the date of approval of the implementation plan; hereinafter referred to as “the date of the instant selection criteria”), a person who has owned a house in the district and has resided in the house; and the owner of the building without permission, corporation, or organization, after January 25, 1989, who has received compensation from the defendant for the house and moves to the house due to the implementation of this project, shall be subject to the Land Compensation Act at the cost of creating the supply price of the detached house by lot for one household (or one house if the same household owns two or more houses, even if the same household

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