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(영문) 대구지방법원 2018.08.17 2018구합20230
이주자택지공급대상자 제외처분취소
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 25, 2009, Plaintiff A, as his father and wife of Plaintiff B, completed a move-in report on resident registration with 36.36 square meters and 29.75 square meters and 407 square meters and 407 square meters and 36.36 square meters and 29.75 square meters and 29.75 square meters of the Dong-dong Housing (hereinafter “instant housing”). From that time, Plaintiff A had resided with Plaintiff B in the instant housing.

B. On September 30, 2009, the Minister of Land, Transport and Maritime Affairs designated the above Driwon including the instant housing as the E business zone (hereinafter “instant project”), and approved and publicly notified the industrial complex plan with the content that the project implementer designates as the defendant.

(F) The Ministry of Land, Transport and Maritime Affairs.

On May 15, 2017, the defendant acquired the instant housing and its site by consultation from the plaintiff A as a public site for public services, and registered the ownership transfer of the instant housing and its site on the 17th of that month.

In addition, on July 17, 2017, pursuant to Article 78(1) 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 thereof, the Defendant established and publicly announced the following relocation and livelihood measures (hereinafter “instant relocation measures”) for the persons who lose their base of livelihood as a result of the provision of residential buildings due to the implementation of the instant project.

E Business (stage 2) A person who has owned a house (residential building) in the district continuously from before the date of application for the public announcement of the application for relocation measures (stage 2), until the date of conclusion of the compensation contract (or the date of adjudication of expropriation) until September 30, 209, and who has resided in the house, who has received compensation from the defendant for the house, and emigrateed due to the implementation of this

(i) On or after January 25, 1989, the owner of an unauthorized building, a corporation, or an organization that owns an unauthorized building, or an organization is exempt from relocation measures, a detached house site, a resettled house, and a settlement subsidy for relocation, from July 18, 2017;

8. up to 18.

D. The Plaintiff A from September 25, 2017 to the date of September 25, 2009.

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