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(영문) 창원지방법원 2014.12.19 2014구합562
이주택지 선정 등 거부 처분 취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendant’s project implementation and the selection of a person subject to relocation measures (hereinafter “instant project”) shall be as follows: (a) the G project announced at Changwon-si on February 15, 201 (hereinafter “instant project”).

(2) The Plaintiffs owned the land and the above-mentioned land and the above-mentioned land within the Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, and have resided at that place.

(3) On May 6, 2011, the Defendant: (a) directed the residents including the Plaintiffs, who lose their residential and living base as the land, etc. was expropriated by the instant project, on April 11, 201, the Plaintiff: (b) died on April 11, 201; and (c) succeeded to 3/1 of the inheritance portion around that time; and (c) applied for the sale of the housing site for relocation before that time; (d) the Defendant applied for the sale of the housing site for relocation to the Defendant by entering the scheduled relocation site by “a scheduled relocation site adjacent to a bus terminal; and (d) one of the “A scheduled relocation site”; and (d) the Plaintiffs applied for the sale of the housing site to the Defendant from May 18, 201 to May 24, 2011.”

5) On December 5, 2011, the Defendant issued the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects to the Plaintiffs (hereinafter “Public Works Act”).

Article 78(1) and the Enforcement Decree of the same Act (hereinafter “Enforcement Decree of the Public Works Act”)

(6) Article 40 of the Act on the Relocation Measures for National Defense and Military Installations (Ordinance No. 1063, Jun. 9, 2009) and Article 7 of the Act on the Relocation Measures for Residents (Ordinance No. 1063, Jun. 9, 2009) provide notification of the selection of a person subject to relocation measures. However, the above notification is that, as the “H site” or “top”, which was originally planned for relocation sites, has reached a majority of residents due to L and M facilities location, the residents’ opinions were gathered as an alternative. As a result, a consultation with the Ministry of National Defense is made.

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