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(영문) 수원지방법원 2016.11.25 2016구합61977
이주대책대상자제외처분 무효 확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 23, 2005, the head of Pyeongtaek-si publicly announced on the public inspection of residents C in Pyeongtaek-si B, and on September 21, 2006, the Minister of Construction and Transportation designated and publicly announced the Pyeongtaek-si, F, G, H, and I as C district and housing site development area, and on May 30, 2008, the Minister of Land, Transport and Maritime Affairs announced the Jon-ro public announcement of the Ministry of Land, Transport and Maritime Affairs, the name of the district as K district and housing site development area, the project implementer, the Gyeonggi-do Governor, the President of the Korea Land Corporation, and the Defendant as the Defendant.

B. Around May 2014, the Defendant: (a) established and publicly announced three types of relocation measures, such as the supply of multi-resident housing sites (self-unit housing sites); (b) special supply of housing; and (c) payment of resettlement subsidies; and (b) the criteria for the selection of those subject to relocation measures are December 23, 2005, which is the announcement date for public inspection by the residents of the district C; and (c) the persons subject to each of the above types are as follows.

1) Since one year prior to the date of public inspection of the residents of the C District (or the date of adjudication of expropriation) supplying the housing site for the migrants, the ownership of the housing continuously and continuously resided in the housing concerned (or the date of adjudication of expropriation) by the date of conclusion of the indemnity agreement, and the owner of the building without permission, corporation, or organization relocated due to the implementation of the project after receiving compensation for the said housing from the project implementer, excluded from the owner of the building without permission, corporation, or organization that has waived the right to be supplied with the housing site among the persons subject to special supply of the housing site, and requested special supply of the housing site from the date of public inspection of the C District residents requesting the special supply of the housing (or the date of adjudication of expropriation on December 23, 2005) before the date of public announcement of the indemnity agreement (or the date of adjudication of expropriation). The owner of the building without permission, corporation, organization, among those subject to the payment of the resettlement funds, waives the right to receive the special settlement funds and receive the special settlement funds.

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