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(영문) 의정부지방법원 2017.04.04 2016구합7854
한강수계상수원수질개선및주민지원등법률
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff’s mother, the Plaintiff’s mother, was supported by a resident support program (hereinafter “instant support program”) established pursuant to the former Act on the Improvement of Water Quality and Support for Residents of the Han River Basin (amended by Act No. 12369, Jan. 28, 2014; hereinafter “former Han River Watershed Act”) as a resident of the Gan-si, South-si, which owns each of the instant land located in a water-source management area.

B. On December 4, 1990, the Plaintiff acquired each of the instant land from F on the ground of donation from F, and applied for direct support expenses for the instant support project in 2013 while residing in Gonyang-si from February 1, 2002 to March 1, 2002.

C. The Defendant did not correspond to the subject of the instant support project in 2013 on the premise that the Plaintiff was constructing the instant building. However, since the cause of creating the building ledger of the instant building was corrected ex officio by expansion and reconstruction rather than new construction, each of the instant land owned by the Plaintiff and the instant building are subject to the former Han River Watershed Act.

2. The Plaintiff filed the instant lawsuit to confirm that each of the instant land and the instant building are subject to the former Han River Watershed Act.

According to Article 13(1)1 through 4 of the former Enforcement Decree of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin (amended by Presidential Decree No. 25346, May 9, 2014; hereinafter the same) regarding the scope of persons eligible for support of the instant support project upon delegation under Article 11(3) of the former Han River Watershed Act, the scope of persons eligible for support of the instant support project is subject to examination as to whether “persons,” other than “real estate,” are eligible for support of the instant support project, and even if a person eligible for support continues to own land, buildings, or other facilities within the water-source management area, the person lacks the requirements for actual residence or resident

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