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(영문) 수원지방법원 2016.09.27 2015구합68742
이주 및 생활대책 대상자 부적격처분 취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On June 29, 2004, the Si Culture and Arts City publicly announced D on the public announcement of Si Culture and Arts, to gather opinions from residents and experts in relation to the designation of the district subject to C Housing Site Development (location: E, F, G, H, I Dongwon, area: 2,930 square meters).

B. On July 11, 2006, the Minister of Construction and Transportation publicly announced the Defendant as the project implementer of the Housing Site Development Project of the C District (hereinafter “instant project”), and on January 28, 2007, publicly notified KK as the Ministry of Construction and Transportation publicly notified the designation (area change) and the housing site development plan of the instant project.

A person who operates a livestock farming business in a facility (based on fences, and including livestock raising facilities and playgrounds) with a capacity of at least 300 square meters, such as livestock pens, etc., in the relevant business district, and has received compensation for livestock farming loss from the 18th day ( June 29, 2004) to the first 18th day of the adjudication on expropriation (based on fences, and including livestock raising facilities and playgrounds) to the first 200 square meters, such as livestock pens, etc., and received compensation for livestock farming loss from the facility (based on fences, including livestock raising facilities and playgrounds) with a capacity of at least 200 square meters, such as livestock pens, from the first 18th day before the date of the adjudication on expropriation (based on fences) to the first

C. On February 26, 2014, the Defendant informed the Plaintiffs, etc. of the implementation of livelihood measures pursuant to Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and among them, relevant details (hereinafter “instant criteria”) are as follows.

Plaintiff

A On April 30, 2014, and on the 25th of the same month, Plaintiff B filed an application with the Defendant for the selection of the Plaintiffs as those eligible for supply of the land for livelihood countermeasures as livestock raisers, respectively, and on the ground that the Defendant falls short of the basic area of the instant criteria, the Defendant issued each notice of the results of the review of the C District Living Countermeasures (Disqualified) to the Plaintiffs on January 29, 2015.

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