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(영문) 수원지방법원 2018.04.18 2017구합71513
이주대책대상자제외처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

(b) the facts of the basis;

A. On April 12, 1997, the Defendant is the implementer of the CB and the Additional Complex Development Project (hereinafter “instant project”). The Plaintiffs owned the housing, land, etc. included in the instant project area.

A person who owns a building constructed before April 12, 197 within the project area for one lot of housing site (70 square meters) located within the project area for relocation measures, subject to the criteria for selection of those subject to the plan for classification of relocation measures, and a person who owns a building constructed before April 12, 197, and a person subject to legitimate relocation measures pursuant to relevant Acts and subordinate statutes (the person who owns a building within the project area and has resided before August 11, 1992 in the building), shall supply the land at the price in accordance with the relevant Acts and subordinate statutes. The period for application for the supply of the housing site: from November 6, 200 to November 25, 2000.

On November 6, 2000, the Defendant indicated that the applicants for the relocation site including the Plaintiffs and the consulting households on the relocation measures are the last opportunity, and sent each written notice of additional application for the supply of the resettlement site including the following matters:

C. The plaintiffs are above B.

On October 19, 2001, the Defendant did not file an application for the supply of the housing site within the period stated in the paragraph, and thereafter, the Defendant gave the Plaintiffs more opportunities to apply for the supply of the housing site once taking into account the benefits of the Plaintiff’s “final demands for the supply of the housing site” that includes the following matters, and thus, if the Defendant wishes to be supplied with the housing site C by October 31, 2001, the application for the supply of the housing site will be made at the time.

If an application for the supply of a housing site is not filed by the above deadline, it shall be deemed that the relocation is to be made to an area other than the settlement place under Article 6-2 of the Enforcement Decree of the Act on Special Cases concerning the Acquisition of Land for Public Use and Compensation for Loss, and the relocation settlement money is deposited at the competent court under Article 27-2 of the Enforcement Rule of the same Act.

Each notice of title was sent. D.

The defendant is respectively entitled to the above notice.

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