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(영문) 수원지방법원 2016.10.27 2016구합64501
이주대책대상자제외처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. A building with a total floor area of 177.85 square meters located on the ground of Pyeongtaek-si B large 901 square meters (Pipe and cement block structure, bridges, studs wells and managers, hereinafter “instant building”) was located within the business area of the housing site development project district (hereinafter “instant project district”) implemented by the Defendant.

B. On May 2014, the Defendant established relocation measures, such as “The date of announcement for public inspection of district-designated residents (the date of December 23, 2005) to the date of conclusion of the compensation contract (or the date of adjudication for expropriation) before one year prior to the date of announcement for public inspection of district-designated residents (the date of December 23, 2005) to the date of conclusion of the compensation contract, and the person who has continued to reside in the said house and who has received compensation for the said house from the Defendant to move to due to the implementation of the project

With regard to the establishment of relocation measures for Pyeongtaek C District, it is known that the thickness was selected as a disqualified person as a result of the relocation measures under Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Public Works Act") and Article 28 of the Housing Site Development Business Guidelines.

If there is an objection as a result of the examination of the above relocation measures, the objection and additional explanatory materials shall be submitted in writing until March 20, 2015, and the main time shall be determined by notifying that the results of the examination of the application for non-application within the period are fixed, and the main time shall be determined by informing that the person may file an administrative appeal or administrative litigation within 90 days from the date of receipt of the notification in accordance with the Administrative Appeals Act or the Administrative Litigation Act.

C. On September 24, 2014, the Plaintiff asserted that he/she met the requirements for ownership of the instant building and the requirements for residence, and filed an application with the Defendant for the selection and request of the Defendant as a person eligible for relocation measures. The Defendant is as follows.

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