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(영문) 광주지방법원 2019.04.04 2018구합586
이주대책대상자부적격처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On September 30, 2009, the Defendant is the implementer of the "K Industrial Complex Plan", which was approved and publicly notified as the business area, with the area of the 4,081,46m2 in Gwangju Mine-gu E-dong, Fdong, G Dong-dong, and the Hau-dong, Jeonnam-gun, Hari-ri, Ji-ri, one of Ji-ri, and the area of the land.

B. On April 2017, the Defendant established relocation and livelihood measures pursuant to 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 same Act, and determined the requirements of the subject as follows:

A person who has continuously owned and resided in a project district continuously from before the date of public inspection of an industrial complex to be supplied with the housing site (the date of September 30, 2009) to the date of public inspection of the housing site to be supplied (the date of conclusion of an indemnity agreement or the date of expropriation, and who has received compensation for the said housing from the defendant and emigrateed due to the implementation of this project; and the owner of an unauthorized building and a corporation or organization (e.g., clans) after January 25, 1989 ( September 30, 2009) continuously owned and resided in the housing within the project district from before the date of public inspection of the industrial complex to be provided with resettlement settlement funds, and who has received compensation for the said housing from the defendant and received compensation for the said housing within the period designated by the defendant, and who has filed a lawsuit for compulsory execution, such as delivery, a provisional disposition, etc. (except for the object and supplied area):

1. Persons who have continuously owned their houses and resided therein before the date of public inspection and announcement of the designation of an industrial complex ( September 30, 2009) until the date of conclusion of compensation contract or the date of adjudication of expropriation;

2. A person who has continued to conduct business (including agriculture, livestock industry, etc.) before the date of public inspection of the designation of an industrial complex ( September 30, 2009) until the date of concluding a compensation contract or the date of adjudication of expropriation, and has continued to conduct business compensation.

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