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(영문) 수원지방법원 2016.10.21 2015구합3387
생활대책용지공급대상자부적격처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 29, 2004, the Si Culture and Arts City announced a public announcement to collect opinions of residents and experts in relation to the designation of the district subject to housing site development C (location: C, D, E, F, G Dongwon, area: 2,930 square meters in Siri-si, Siri-si).

B. On July 11, 2006, the Minister of Construction and Transportation publicly announced the Defendant as the project implementer of the housing site development project of the C District (hereinafter “instant project”), and on January 28, 2007, on the first announcement of the Ministry of Construction and Transportation, approved the designation (area) change and the housing site development plan of the instant project area.

A person who has been engaged in a business (including a free-use business without permission, etc.) in accordance with the relevant Acts and subordinate statutes from before the date of the first compensation to the date of business operator (on June 29, 2004) and received business compensation in accordance with the relevant Acts and subordinate statutes after obtaining permission, license, report, etc. from the operator of a business subject to division (including a free-use business without permission, etc.), and has been engaged in a business without obtaining permission, etc. from the 18th basic date of the adjudication on expropriation ( June 29, 2004) to the first date of the 18 Livestock Council (including a business within an unauthorized building) from the 18th basic date ( June 29, 2004), which was registered by the Livestock Industry Act, such as livestock pens, etc. or has not been registered until the first date of compensation (based on fences and playgrounds, including livestock raising facilities and playgrounds), and has received compensation for livestock breeding facilities and livestock breeding facilities (including one livestock breeding facilities and livestock breeding facilities) from the 2718th basic date of the adjudication on expropriation.

C. On February 26, 2014, the Defendant provided guidance to the Plaintiff, etc. on the implementation of 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 the supply of relevant content commercial sites.

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