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(영문) 창원지방법원 2014.02.18 2011구합3720
이주택지분양대상자결정취소처분등취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts of the disposition may be acknowledged by comprehensively taking account of the descriptions of evidence No. 1-2, evidence No. 20, evidence No. 1-2, evidence No. 20, evidence No. 1, 2-3, and evidence No. 4-1, 2, No. 9, 10, and 11 and the purport of the whole pleadings.

On April 1, 1974, the Minister of Commerce, Industry and Energy announced B of the Construction Department B, pursuant to the former Industrial Base Development Promotion Act, the Ministry of Commerce, Industry and Energy designated the total area of 13,114,000 in Msan-si C, etc. as an industrial base development area. On July 1, 1999, the Gyeongnam-do governor approved and announced the implementation plan of the development project E (F, G district) in the above industrial complex as D publicly notified on July 1, 199. The Defendant was designated as the project implementer.

B. In accordance with Article 36(1) of the Industrial Sites and Development Act (amended by Act No. 837 of Apr. 6, 2007), Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), Article 40 of the Enforcement Decree of the same Act, and the provision on resident support in Changwon-si, and the detailed guidelines for the sale of relocation measures, the Defendant decided to sell the land of this house to be incorporated into the project in this case.

C. On July 11, 1997, the Plaintiff made a move-in report from the Jeju-si H to the Sungwon-si I.

After December 7, 1999, the address of the plaintiff on the resident registration changed to J, and the reason for the change is stated as the "actual lot number correction".

On December 28, 2004, the Defendant: (a) deemed that the Plaintiff was the owner and the resident of the Sung-gu Sung-si J Ground Housing (hereinafter referred to as the “instant Housing”); and (b) determined and announced the Plaintiff as the subject of sale of the relocation housing site; and (c) accordingly, sold the Plaintiff the land of Sung-gu, Changwon-si to the Plaintiff at KRW 64,820,920.

On December 18, 2010, the Plaintiff sold the said K land to L in KRW 210,000,000.

E. The defendant's investigation results that the plaintiff did not actually reside by transferring the house of this case from the Head of Changwon Police Station.

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