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(영문) 대구고등법원 2016.04.01 2015누5956
이주자택지공급대상자 제외처분취소
Text

1. The plaintiff's claim for the cancellation of the disposition to exclude him from the recipient of the supply of the land for livelihood countermeasures added at the trial among the lawsuit in this case.

Reasons

1. Details of the disposition;

A. On September 30, 2009, the Minister of Land, Transport and Maritime Affairs designated a large scale, including Daegu-gun-gun B, as a C National Industrial Complex Development Project (hereinafter referred to as the “instant project”), and publicly announced the approval of the instant project development plan and implementation plan with the intent of the project implementer as the defendant (D).

B. Based on 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 former Enforcement Decree of the Land Compensation Act (amended by Presidential Decree No. 26867, Jan. 6, 2016; hereinafter the same), the Defendant established measures for resettlement and livelihood (hereinafter “the relocation measures of this case”) for persons who lose their base of livelihood due to the provision of residential buildings, etc. upon the implementation of the instant project, as follows:

Guidance on application for migration and livelihood measures;

2. A person who has owned a house in a district continuously from before the date of designation of an industrial complex subject to the provision of the classification of relocation measures ( September 30, 2009) to the date of conclusion of compensation contract (or the date of adjudication of expropriation) and resided therein, and emigrateed due to the implementation of this project after receiving compensation for such house from the Korean construction works;

(i) An owner of an unauthorized building, a corporation, or an organization that had not been permitted after January 25, 1989 is the detached housing land.

One parcel for one household (or two or more houses owned by the same household) is the amount obtained by subtracting the installation cost of basic living facilities according to the Land Compensation Act from the development cost of the supply price of one parcel for each household (the appraised price is more than 265 square meters per piece of land) (the appraised price) and the land, etc. is compensated for all the objects of compensation owned by the person who is subject to the classification of the housing site for the migrants and is delivered to the Corporation by the time designated by the Corporation, and the person who is engaged in farming, livestock, and flowers business is in the area (B, R) in which the project district is located prior to the base date or in the adjacent area (W, X, Y).

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