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(영문) 대구지방법원 2014.06.13 2014구합276
이주대책대상자 부적격처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 30, 2009, the Minister of Land, Transport and Maritime Affairs designated a large scale, including Daegu-gun District B, as a C National Industrial Complex Development Project (hereinafter referred to as the “instant project”), and publicly announced the project implementer’s development plan and implementation plan with the intent of the project implementer as the defendant.

C Guidance on application for relocation and livelihood measures of the National Science Industry Complex (No. 3-2)

2. A person who has owned a house in a district continuously before the date of designation of a district of an industrial complex subject to classification of the resettlement date (or the date of adjudication of expropriation) among the resettlement funds, and has resided in the house due to the implementation of this project, and who has received compensation for the said house from the construction works of the Republic of Korea;

(i) An owner of an unauthorized building, a corporation, or an organization that has not been supplied after January 25, 1989;

One parcel for one household (or two or more houses owned by the same household which share the same household), less the installation expenses of basic living facilities under the Land Compensation Act (or more than 265 square meters per piece of land: Appraisal price) from the development cost of the supply price of one parcel of land for one household (or the supply of one parcel of land);

B. Around December 2012, the Defendant established the following relocation measures (hereinafter “the relocation measures of this case”) against migrants, etc., who are subject to the implementation of the instant project pursuant to Article 78 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) and Article 40 of the Enforcement Decree of the same Act as a residential building, thereby losing their base of livelihood due to the implementation of the instant project:

C. The Plaintiff filed an application with the Defendant for the selection of the Defendant as a person subject to relocation measures, who is the owner of the Daegu-gun D, Daegu-gun, and the 387 square meters of land located in the instant project district and the 84.51 square meters of low-rises of multi-storys of multi-storys of the instant project district (hereinafter “instant land and housing”). However, the Defendant filed an application on October 22, 2013 with the Plaintiff “non-resident”.

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