1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 27, 2006, the head of Seo-gu Incheon Metropolitan Government announced the public inspection according to the proposal for the designation of a planned area for the development of a C housing site (hereinafter referred to as the "base date of this case") with respect to the size of 11,239,000 square meters in Seo-gu, Seo-gu, Incheon Metropolitan City, the Minister of Land, Transport and Maritime Affairs announced D public notification of the Ministry of Land, Transport and Maritime Affairs on February 6, 2009 on the scale of 11,18,450 square meters in the same day as D public notification of the Ministry of Land, Transport and Maritime Affairs.

On December 18, 2012, the Plaintiff entered into a compensation agreement with the Defendant, a project implementer, regarding the instant housing, as the owner of the Seo-gu Incheon Seo-gu Non-Licensed Building without permission (hereinafter “instant housing”) incorporated into the instant project.

According to Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and Article 40 of the former Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Presidential Decree No. 28806, Apr. 17, 2018; hereinafter “former Enforcement Decree of the Land Compensation Act”), the Defendant established relocation measures following the implementation of the project of this case and directed the person subject to relocation measures on December 28, 2016. According to the relocation measures, the requirements for the person subject to relocation of the housing site were determined as “the person who has continuously owned and resided in the housing district before one year from the base date of the instant case until the date of conclusion of the compensation contract or the date of the expropriation decision, and is the person who has been relocated due to the implementation of the project of this case.” The requirements for the person subject to relocation of the housing site are “the person who has waived his right to be supplied with the housing site among the persons subject to relocation and requested to supply the housing, and who continuously resided the Defendant.”