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(영문) 광주지방법원 2019.12.12 2019구합10719
생활대책대상자 지위확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the project implementer of the E Development Project (hereinafter “instant project”) designated in the area of 485,887 square meters in Nam-gu, Nam-gu, Gwangju, and Gdong-dong, and the Plaintiff A, B, D, and H were selected from the said project site to be a person who had been farming in the said project site to be supplied with the land for countermeasures against livelihood (hereinafter “persons subject to measures against livelihood”).

The area of a site for livelihood countermeasures to be supplied is 40 square meters for plaintiffs A, B, and D, and 54 square meters for H.

B. H died on September 20, 2017, and Plaintiff C, the wife, inherited the right to sell the pertinent land for livelihood countermeasures upon the agreement on the division of inherited property.

A person who has the right to file an application for the purchase of a living countermeasure site shall be comprised of a non-corporate association in the form of a non-corporate group consisting of the persons subject to the livelihood countermeasures, and those notified shall autonomously form a non-corporate group after the establishment of the articles of association and the resolution of the general meeting. Where the head of the association elected through the resolution of the general meeting of the associations that have applied for purchase with necessary documents, and the head of the association does not apply for the purchase of a parcel or conclude a contract on the winning lot within the designated period, he/she shall be deemed to waive the purchase, and the association shall be deemed to have given up the purchase, and the association shall be comprised of 90% or more of the total area of rights of the members of

C. On December 4, 2017, the Defendant: (a) held an explanatory meeting against those subject to livelihood countermeasures pursuant to the foregoing project; and (b) provided guidance on the following matters.

On November 16, 2018, the Defendant publicly announced the supply schedule of the land for countermeasures against the land (commercial facility site I, J, K or L, M or N), as follows:

E. The heads of the 10 cooperatives organized most (excluding the O, P, Q, and R among 91 members) among the subjects of livelihood measures under the instant project.

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