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(영문) 인천지방법원 2019.03.21 2018구합993
이주자택지공급대상자제외처분취소
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 April 26, 2001, the Plaintiff completed the principal registration based on the provisional registration on May 25, 2004 with respect to the 2nd floor above the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon Metropolitan City 2nd floor building (the 2nd floor farming house, the 99 square meters (ware) and the 2nd floor (the 90 square meters) (hereinafter “instant building”).

B. On October 27, 2006, the head of the Seo-gu Incheon Metropolitan City publicly announced the public inspection according to the proposal for the designation of the E site development district for the zone, including Ddong, Seo-gu, Incheon Metropolitan City. On February 6, 2009, the Minister of Land, Transport and Maritime Affairs announced the designation of the E site development district and the approval of the development plan of the E site development district for the housing site development project (hereinafter “instant project”).

Accordingly, the land of Seo-gu Incheon and the building of this case were incorporated into the project district of this case.

C. Around December 2016, the Defendant established and publicly announced the relocation measures for the instant project pursuant to Article 78 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor and Article 40 of the Enforcement Decree of the same Act. Of the relocation measures, the Defendant determined the requirements for the subject of supply of the resettled housing site as “the person who has continuously owned and continuously resided in the housing within the project district since one year prior to the date of the public announcement of the designation of the housing site development area ( October 27, 2006) by the date of the public announcement of the designation of the housing site development area or the date of the decision of expropriation, and who has been

On August 28, 2017, the Plaintiff filed an application with the Defendant for the selection of a person eligible to be supplied with the housing site for migrants under the aforementioned relocation measures, and on October 24, 2017, the Defendant did not meet the requirements for the person eligible to be supplied with the housing site for migrants since before October 27, 2005, which is the basic date of supply of the housing site for migrants (hereinafter “the basic date of this case”) (from October 27, 2006, the date of public inspection and announcement of designation of the planned housing site for the housing site development, which is 10 years before October 27, 2006).

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