1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On February 20, 2012, the former Minister of Knowledge Economy (the Minister of Trade, Industry and Energy) approved the implementation plan for the development project (hereinafter “instant project”) to which the Defendant is the project implementer and publicly notified as C in the former Ministry of Knowledge Economy.

B. The Defendant established relocation measures pursuant to Article 78(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and Article 40 of the Enforcement Decree of the same Act. According to the above, the Defendant is obliged to supply the migrants’s housing site to a person who owned a house in the district continuously and resided therein from the date of the public project approval to the date of the conclusion of the compensation contract or the ruling of expropriation before the date of the public project approval.

C. On July 2015, the Plaintiff filed an application with the Defendant for designation of the owner of 145.92 square meters of the Daegu Suwon-gu D’s ground housing located within the business area of the instant project (hereinafter “instant housing”). However, on August 10, 2015, the Defendant issued a disposition to exclude the Plaintiff from the subject of supply of the said housing site (hereinafter “instant disposition”) on the ground that the Plaintiff did not meet the residential requirements for the instant housing pursuant to Article 78(1) of the Land Compensation Act and Article 40 of the Enforcement Decree of the same Act.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including virtual number), and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion cannot use customary toilets due to cancer, and thus, the Plaintiff was living in Daegu Suwon-gu E 201 Dong 603 (hereinafter “instant apartment”). Therefore, it constitutes “medical care due to disease” under Article 40 of the Enforcement Decree of the Land Compensation Act.

The instant disposition that excludes the Plaintiff from the recipients of the housing site for migrants is unlawful.

(b) relevant Acts and subordinate statutes;