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(영문) 광주지방법원 2020.02.13 2019구합217
이주대책대상자부적격처분취소
Text

1. Of the instant lawsuits, the part of the claims filed by the remaining designated parties, excluding the Plaintiff (Appointeds) shall be dismissed.

2...

Reasons

1. Details of the disposition;

A. On September 30, 2009, the Minister of Land, Transport and Maritime Affairs issued a public notice to approve the “H development project” developed as an industrial complex from the Gwangju Mine-gu Bdong, Cdong, Ddong, and Jeonnam-do Eriri, Fri, and Griwon, and the defendant is the operator of the above project.

B. I, within the said industrial complex zone, owned and resided in the building J-ground in Gwangju Mine-gu (hereinafter “instant house”), and entered into a compensation agreement with the Defendant on December 20, 2012.

C. I died on March 27, 2014, and the Plaintiff and the designated parties are children of the deceased and their legal successors.

The selection criteria date for those subject to relocation and livelihood measures - The selection date: The criteria for those subject to the establishment of resettled housing sites (the date of public inspection and announcement of the designation of industrial complexes) on September 30, 2009 - Persons who have continuously owned and continuously resided in the housing in the project district before the date of public inspection and announcement of the designation of industrial complexes ( September 30, 2009) until the date of concluding the compensation contract or the date of adjudication of expropriation, and who have received compensation for the housing from the defendant and

D. Around April 2017, the Defendant: (a) established relocation measures for the said industrial complex; and (b) publicly announced that the application should be received from the subject.

E. The Plaintiff filed an application with the Defendant for the selection of a person subject to relocation measures, but the Defendant decided that the person subject to relocation measures is disqualified (hereinafter “instant disposition”) on April 13, 2018 for the following reasons.

The criteria for the review are ① Before the base date (public notice date) prior to the date of the conclusion of the compensation contract or the date of the adjudication on expropriation. ② The portion of the permitted house owned and ④ continuously resided in the project district, ④ is compensated for loss, ⑤ As a result of the confirmation of the certified resident registration and the abstract of the reason for the divided disposition (owner’s death) moving into the implementation of the project, the compensation contract was concluded on December 20, 2012, but it is

(Applicant) Verification of a certified copy or abstract of resident registration.

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