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(영문) 대전고등법원 2018.03.29 2017누13965
이주자대책대상자 부적격처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning the instant case is as stated in the reasoning of the judgment of the first instance, except for the addition or dismissal of the following part as set forth in paragraph (2). Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(The grounds alleged by the plaintiff in this Court while filing an appeal are not significantly different from the contents alleged by the plaintiff in the first instance court, and even if all the evidence submitted to the first instance court and this court are examined, the fact-finding and the judgment of the first instance court are justified). 2. The addition or dismissal is justified.

A. Following the fourth page of the judgment of the first instance, the part added "ordinary point" in the fourth page of the judgment of the court of first instance, "(5) the Plaintiff asserted that C had resided in the 74.1 square meter of the 74.1 square meter of the lux house of the Daejeon Sung-gu Fung-gu Seoul Metropolitan City, which is the owner of the instant housing, in the vicinity of the instant housing. However, as a result of the investigation of obstacles by the Defendant, the lessee was living in the said housing, and C had been continuously residing in the instant housing while owning the said housing located in the instant business zone since before the said base date, and in view that C had continued to reside in the instant housing, it is deemed that Article 8(5) of the Guidelines for Guidelines for Guidelines for Countermeasures against Relocation and Living, and Article 7 (Special Cases for Selection of Persons Eligible for Countermeasures) of the Guidelines for Countermeasures against Relocation and Living, notwithstanding Article 7 (Special Cases for Selection of Persons Eligible for Countermeasures against Residents).

In the part of the judgment of the court of first instance, the "standards for the relocation measures" in the 3th, 15 and 16th of the judgment of the court of first instance is raised as "guidelines for the establishment of immigration and livelihood measures". The 3rd of the judgment of the court of first instance is raised as "Evidence 2, 6, 1 through 11 of A" in the 20th of the judgment of the court of first instance as "Evidence 2, 1 through 12 of A. 4, 1 and 2 of the judgment of the court of first instance. The above company is Seocho-gu Seoul.

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