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(영문) 부산지방법원 2015.09.04 2015구합20887
이주대책대상자제외처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the house located in Gangseo-gu Busan Metropolitan Government C (hereinafter “instant house”). The Defendant is the implementer of the Busan Gangseo-gu Free Economic Zone B development project for the free economic zone B (hereinafter “instant project”), which is promoted in Gangseo-gu Busan Metropolitan Government D, including the above land.

B. On October 30, 2003, the Minister of Finance and Economy publicly announced the Ministry of Finance and Economy as a free economic zone under Article 4 of the Act on Designation and Management of Free Economic Zones the Busan Gangseo-gu and the Jinhae-si (current Changwon-si), and the Minister of Knowledge Economy approved the modification of the development plan and the implementation plan for the project in this case and publicly announced on December 31, 2008.

C. On August 14, 2009, the Defendant publicly announced a compensation plan for the contents that “the owner of the instant building without permission after January 25, 1989) owned and continuously resided in the instant building within the instant project zone from the date of designation and public notification of the instant project ( October 30, 2003) to the date of conclusion of the compensation contract or the date of adjudication of expropriation, and the person who moved to the instant building upon receiving compensation for the said house from the Defendant (excluding the owner of the building without permission after January 25, 1989)” as the object of the relocation measures for the instant

Since then, the Plaintiff applied for the selection of the Defendant as a person subject to the relocation measures for the instant project, but on September 6, 2013, the Defendant determined the Plaintiff as a person ineligible for the relocation measures (hereinafter “instant disposition”), and sent the written disposition by registered mail.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion was made on March 5, 1976 that the plaintiff newly constructed the instant house as a wooden banks' first floor and a single-story house, and resided therein. On September 2003, 2003, a typhoon was caused by a typhoon and a typhoon around September 200, and it was inevitable for the plaintiff to do so.

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