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(영문) 서울행정법원 2015.05.07 2014구합20438
임대주택공급대상자제외처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant was authorized to establish a housing redevelopment project association established to carry out a housing redevelopment project (hereinafter “instant project”) with the Yongsan-gu Seoul Metropolitan Government Group C as a rearrangement zone, and was authorized to establish an association on August 11, 2008.

On January 10, 2011, the Plaintiff completed a move-in report on the branch floor of the Yongsan-gu Seoul Metropolitan Government Housing located within the instant improvement zone (number address: E).

B. On March 23, 2007, the head of Yongsan-gu Seoul Metropolitan Government made a public announcement for the designation of the rearrangement zone in this case, and the head of Yongsan-gu Seoul Metropolitan Government designated and publicly announced the rearrangement zone in this case on November 15, 2007.

(F) Seoul Special Metropolitan City Notice F).

On June 13, 2011, the Defendant made a public announcement to formulate a housing plan for tenants in the instant improvement zone, stating that an application for the supply of rental housing and an application for payment of housing relocation expenses shall be filed from June 20, 201 to July 1, 2011. The Defendant notified tenants in the instant improvement zone of the application for the supply of rental housing and the payment of housing relocation expenses.

On July 1, 2011, the Plaintiff submitted an application to the Defendant for the payment of housing relocation expenses, and the Defendant selected the Plaintiff as the person eligible for the housing relocation expenses.

E. On July 10, 2013 and July 19, 2013, the Defendant notified the applicant who fell short of qualification requirements and was excluded from the subject of the supply of rental housing and the subject of the payment of the cost of housing relocation to the applicant. However, the Defendant did not separately notify the Plaintiff included in the subject of the application for the payment of the cost of housing relocation.

F. The Defendant obtained project implementation authorization for the instant project from the head of Yongsan-gu Seoul Metropolitan Government on September 13, 2013, and the project implementation plan states that both 359 households, 76 households, and 31 households, among whom the tenants are entitled to the project implementation plan, are all the 359 households, 76 households, and 31 households, respectively.

G. The Plaintiff applied for the supply of rental housing to the Defendant on September 2014.

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