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(영문) 수원지방법원 2016.06.14 2015구합71779
이주자택지대상자 거부처분 등 취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of Pyeongtaek-si B Dae-si, 660 square meters of a single-story, 36 square meters of a single-story, and 166.25 square meters of a warehouse. Each of the said real estates was located within the business district of the “C Housing Site Development Project” implemented by the Defendant (hereinafter “instant project”), and ownership was transferred to the Defendant in the future due to the acquisition of public land through consultation.

B. Around May 2014, the Defendant established and publicly announced three types of relocation measures, including (1) supply of multi-resident housing site (single housing site), (2) special supply of housing, and (3) payment of resettlement funds.

C. In 2014, the Plaintiff filed an application with the Defendant for the selection of migrants to be supplied with the housing site.

On April 29, 2015, the Defendant determined that the Plaintiff is not a person eligible for supply of a resettled housing site and notified the Plaintiff thereof (hereinafter referred to as “instant selection decision”), and the said written notification states that “In the event there is an objection to the result of the aforementioned selection of the relocation measures, the Defendant submitted written objection and additional documents, etc. by May 29, 2015, and submitted the main time to the Plaintiff, and that the results of the examination at the time of an application for non-performance within the said period are known to the public that they will become final and conclusive, and that the main time will be known.”

(hereinafter “instant guidance”). D.

Accordingly, on September 23, 2015, the Plaintiff filed an objection by requesting the Defendant to select a person to be supplied with the housing site for migrants (hereinafter “instant objection”). On the premise that the Defendant does not constitute a person to be supplied with the housing site for migrants, the Plaintiff notified the Plaintiff that he was selected as a person to be specially supplied with the housing site for migrants (hereinafter “instant notification”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 4, and 5 in the evidence No. 1, 2, and Eul No. 1, and the purport of the whole pleadings

2. Determination ex officio as to the legitimacy of the instant lawsuit

A. The Plaintiff’s revocation is premised on the fact that the instant notice constitutes a disposition.

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