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(영문) 의정부지방법원 2015.04.07 2014구합408
확정처분취소
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. Pursuant to Article 11 of the former Act on the Improvement of Water Quality and Support for Residents of the Han River Basin (amended by Act No. 12369, Jan. 28, 2014; hereinafter “former Han River Watershed Act”), the Defendant, as the management authority of the water-source management area, publicly announced matters concerning the qualification, application, etc. of persons eligible for support (hereinafter “instant public announcement”), on December 18, 2012, in order to implement support projects for residents in the area B in Yangyang-si (hereinafter “instant support projects”), and the main contents related to the qualification of persons eligible for support among the public announcement are as follows:

(A) The spouse, a lineal ascendant or descendant or a descendant who has been registered as a resident in the Si/Gun/Gu having jurisdiction over the relevant area before the Han River Watershed Act enters into force ( August 9, 199) or before the designation of the water-source management area and has actually resided therein, and who has continuously owned land, buildings or other facilities in the water-source protection area, riparian zone, or special measures area (excluding the sewage treatment area provided for in Article 2 subparagraph 15 of the Sewerage Act, which is the area in which sewage terminal treatment facilities are installed and operated) due to the death of a person falling under subparagraph (b) (a) of Article 2 of the Sewerage Act, who has succeeded to the land, buildings or other facilities in the water-source protection area, riparian zone, or special measures area, and actually resides therein;

B. Since August 9, 199, the enforcement date of the former Han River Watershed Act, the Plaintiff owned each parcel of land listed in paragraph (1) of the attached list in the water-source management area. around August 9, 2009, the Plaintiff’s father C succeeded each parcel of land listed in paragraph (2) of the attached list in the water-source management area that the Plaintiff had owned before August 9, 199. The Plaintiff resided in paragraph (2) of the attached list in Guro-gu Seoul Metropolitan DD building 201 and moved into E on October 8, 2009 and moved into the water-source management area on February 14, 2011.

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