1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Defendant is the implementer of the “B-Local Industrial Complex Development Project” (hereinafter “instant industrial complex”) and the progress of the instant project is as follows.

On December 7, 2006, the public announcement of the opinions of residents for the designation of the C Local Industrial Complex (Seoul Metropolitan City D; hereinafter referred to as the "public announcement of this case") on March 31, 2007, the owner of the H building in the Gwangju Mine-gu (hereinafter referred to as the "Seoul Metropolitan City") incorporated into the project area and the public announcement of the designation of the B general industrial complex (the announcement E of Gwangju Metropolitan City; hereinafter referred to as the "public announcement of this case") on December 31, 2008 and the alteration of the B general industrial complex designation (the announcement of the development plan) and the announcement of the approval of the implementation plan (the announcement of the Gwangju Metropolitan City) on December 15, 2010, the Plaintiff was the owner of the H building in the Gwangju Mine-gu (hereinafter referred to as the "instant building") and completed the move-in report after obtaining the construction permission on September 25, 2006 and obtaining the approval for the use of this case from the head of the Gwangju Mine on December 27, 2007.

After consultation with the plaintiff, the defendant acquired the ownership of the building of this case.

On December 7, 2014, the Defendant established the relocation measures following the implementation of the instant project in accordance with Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and Article 40 of the Enforcement Decree of the Land Compensation Act. After determining the base date for the relocation measures (hereinafter “base date”) as December 7, 2006, the date of the instant public announcement, and notified the Plaintiff on January 7, 2015 that “the Plaintiff was excluded from the person subject to the relocation measures as it is deemed inappropriate for the standards and relevant laws and regulations for the relocation measures” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.