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1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is added to the judgment on the defendant's new argument as stated in the following Paragraph 2, and the three-party 17 to five-party 10, as described in the judgment of the court of first instance, are the same as the ground of the judgment of the court of first instance, except that the three-party 17 to five-party 10, as described in the following Paragraph 3. Thus, it is cited in accordance with
2. Determination as to whether an administrative disposition is the subject of an appeal litigation
A. The administrative disposition that is the object of the defendant's assertion refers to the act that is directly related to the rights and obligations of the people. The defendant's notification to the plaintiffs about the selection of the person subject to relocation measures and the supply price of the sites for migrants is merely the prior notification to the residents, and it is difficult to view it as an act directly related to the rights and obligations of the plaintiffs.
B. The confirmation and determination of the person subject to the relocation measures by the public project operator under the Land Compensation Act is an administrative action that grants the right to purchase the land under the specific relocation measures, and it cannot be evaluated as merely an act of fact in accordance with the procedural needs.
Therefore, in cases where a person who wishes to acquire the right to purchase a parcel of land has applied for the selection of a person subject to the right to purchase a parcel of land in accordance with the prescribed procedure and the project operator has excluded or rejected the application without the aforementioned confirmation, decision, etc., he/she may seek a revocation of the disposition of exclusion or rejection against the project operator by an appeal litigation
Furthermore, if the types of relocation measures are different and the contents of the measures are differentiated, if the project operator did not select those more beneficial to the project operator due to the failure to meet the requirements despite the desire of migrants, this shall also be directly related to the rights and obligations of migrants.