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(영문) 서울고등법원 2016.01.15 2015누1702
특별공급대상자지위불인정처분취소
Text

The judgment of the first instance shall be revoked.

The plaintiff's lawsuit is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. (i) On December 30, 2005, the Seoul Special Metropolitan City Mayor announced H on December 30, 2005, the project implementer designated the Defendant as the project implementer and publicly announced the base date for relocation measures for B urban development projects, which is promoted at approximately KRW 1030,00 in Gangseo-gu Seoul Metropolitan Government and D, as the base date for relocation measures for B urban development projects.

The head of Gangseo-gu Seoul Metropolitan Government announced the Gangseo-gu Seoul Metropolitan Government public announcementO on December 29, 2006 to publicly announce the residents' public inspection to designate the Gangseo-gu Seoul Metropolitan Government C, D, E, F, G Japan 3,364,00 square meters as the urban development zone of the B zone.

On December 28, 2007, the Seoul Special Metropolitan City Mayor published the designation of an urban development zone and the formulation of a development plan in relation to an urban development project on December 28, 2007. On December 30, 2008, the JJ published in Seoul Special Metropolitan City, changed the designation of an urban development zone (the area of an urban development zone was changed to 3,363,591 square meters), the formulation of a development plan, the authorization of an implementation plan, and the publication of a topographic map. On February 11, 2010, K made a public announcement of the Seoul Special Metropolitan City’s announcement that changed the designation of an urban development zone (the area of an urban development zone was changed

Around August 29, 2008, the Defendant publicly announced an indemnity plan for an urban development project (hereinafter referred to as “the date of the public announcement of the indemnity plan”) by the public announcement No. 37 of the public announcement of August 29, 2008, and on December 23, 2008, established and publicly announced the relocation measures (hereinafter referred to as “the relocation measures criteria”) that include the following:

The base date for relocation measures: The base date for relocation measures for B urban development zones shall be December 30, 2005.

The criteria for the selection of persons subject to division and the owner of a house who has obtained permission on his/her own land: ① A person who has continuously owned and resided in a house on his/her own land in the business area from before the base date to the date of conclusion of the agreement or the ruling of expropriation shall

Provided, That a person who concludes a contract for consultation and voluntarily transfers it shall be entitled to move into a sales apartment with an area not exceeding 85 square meters in the business area.

(2) Before the base date.

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