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(영문) 수원지방법원 2017.04.19 2016구합61489
이주대책대상자제외처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Basic Facts

On June 20, 2012, the Defendant obtained an agreement from the Plaintiff on June 20, 2012 on multi-family housing No. 301 (hereinafter “instant housing”) of Pyeongtaek-si D’s fourth floor in the project area (hereinafter “instant project”).

The period of application: A person subject to supply of a housing site for the migrants from July 1, 2014 to September 30, 2014: Before the date of public inspection of residents of the C district (or the date of adjudication on expropriation) and continuously resided in the house (or the date of adjudication on expropriation) before the date of concluding the compensation contract; the owner of an unauthorized building, corporation, or organization moving into the house due to the execution of the project after receiving compensation from the project implementer; the date of public inspection of residents of the C district (or the date of adjudication on expropriation) and resided in the house until the date of the execution of the compensation contract (or the date of adjudication on expropriation); the owner of an unauthorized building, corporation, and organization, who has resided in the housing (or the date of adjudication on expropriation) and received compensation for the housing from our Corporation and received compensation for the housing and received compensation for the relocation of the housing; Article 16(1)6(1) of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, Etc. for Public Works Projects (hereinafter referred to as “Act”).

The relocation measures of this case include the phrase “where the application is not received within the application period, it shall be deemed that the applicant does not have the intention and shall be excluded from the person subject to relocation and livelihood measures.”

On September 26, 2014, the Plaintiff is a person subject to relocation measures concerning the instant business.

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