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(영문) 서울고등법원 2018.05.15 2017누76021
황해경제자유구역포승지구이주대책부적격자 재결처분취소등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders revocation below, shall be revoked.

Defendant.

Reasons

1. The reasoning for the court’s explanation as to the validity of the disposition process and the part concerning the claim for eligibility of a person subject to a housing site for migrants is as stated in paragraphs (1) and (2) of the first instance judgment, except for the case where “(amended by Presidential Decree No. 24544, May 28, 2013)” is “(amended by Presidential Decree No. 23425, Dec. 28, 2011)” as “(amended by Presidential Decree No. 23425, Dec. 28, 201). Therefore, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Part on the claim for cancellation of the instant disposition

A. The gist of the Defendant’s assertion 1 is that the Plaintiff did not have resided in the instant container from one year before the base date of the instant public works project to the date of the instant adjudication, and since the instant container was an unauthorized building constructed after January 25, 1989, the instant disposition is lawful in light of the grounds for disposition and the relevant statutes and regulations. 2) The Plaintiff’s summary of the Plaintiff’s assertion was residing in the instant house on the land (hereinafter “instant previous house”) from 1960 to April 7, 201 when the previous house was destroyed by fire, and resided in the same place after around three months from the date of the instant adjudication, and was installed the instant container at the same time after the date of the instant adjudication. Since there was no permission from the competent authorities around the date of installation of the instant container, it cannot be deemed that the said container was an unauthorized building on the ground of the instant land.

Therefore, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The enforcement rules of the instant case provide that the confirmation of residence shall be based on “a certified copy of the resident registration and the verification of the actual resident status”.

(Article 14(1). However, due to the implementation of public works.

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