1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On January 9, 2008, the Defendant is the executor of the housing site development project for which the housing site development plan is approved and publicly notified by the housing site development plan (hereinafter referred to as the “instant project”) and the said project area is located with the area of 1,436,130 square meters in Sungsung-si, C, D, and Ewon as the project area B’s announcement of the Ministry of Construction and Transportation.

B. Pursuant to Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40 of the Enforcement Decree of the same Act, the Defendant: (a) had a residential building for which approval for use under Article 22 of the Building Act was obtained in the instant project area from before December 31, 2005, which was the date of public inspection and announcement of designation of the prearranged area for housing site development (hereinafter “the base date of this case”) to December 28, 2009; and (b) had a plan for the relocation of a person who continuously resided in the building from December 30, 204, which was one year before the base date of this case to December 28, 2009, and who was removed from the building in accordance with the instant project.

C. On July 27, 2016, the Plaintiff, as the owner of the first floor of G-based building 104 in the instant project zone, applied for the selection of a person to be supplied with a housing site for migrants to the Defendant.

On November 9, 2016, the Defendant issued a notice of the result of the examination on an application for the resettled housing site (hereinafter “the first notice”). Around December 2016, the Plaintiff filed an objection against the first notice to the Defendant. On March 9, 2017, the Defendant issued to the Plaintiff a notice of the result of reexamination of the objection subject to relocation measures (hereinafter “the second notice”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3-2, Gap evidence 4-6, Eul evidence 1-4, the purport of the whole pleadings

2. This.