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(영문) 부산지방법원 2017.02.03 2016구합22088
이주대책자제외처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On July 12, 2012, the Defendant: (a) as the implementer of the E Waterfront development project (hereinafter “instant project”) promoted in the area of 11,885,000 square meters in Busan Gangseo-gu, B, Cdong, and Ddong Won; (b) implemented a public announcement of the residents’ perusal and presentation for the designation of the E Waterfront; and (c) on December 14, 2012, the Minister of Land, Transport and Maritime Affairs issued a public announcement of the designation of the E Waterfront on the instant project area as the waterfront (Ministry of Land, Transport and Maritime Affairs G).

B. On March 8, 2002, the Plaintiff: (a) the original area of the instant land in Gangseo-gu Busan Metropolitan Government, located within the instant business area, was 195 square meters; (b) was divided into K on October 7, 2003 into 107 square meters; (c) on May 21, 2004, the size of 24 square meters was divided into L; and (d) on December 27, 2012, the current area was 49 square meters.

(hereinafter “instant land”) acquired 23/59 shares among the instant land and ownership of a house on its ground, and on February 23, 2004, acquired the ownership of the remaining shares among the instant land.

After that, part of the instant land was expropriated as I project and the above ground house was destroyed. The Plaintiff’s Plaintiff’s Party as the owner on May 21, 2004 and obtained approval for the use of the instant housing (hereinafter “instant housing”) on the ground of the instant land on December 24, 2012, and completed registration for the preservation of ownership on January 15, 2013.

The Plaintiff filed a move-in report on the instant house on March 21, 2013, and completed the registration of ownership transfer on June 12, 2013 with respect to the instant house on the grounds of sale and purchase as of June 5, 2013, and completed the registration of ownership transfer on March 3, 2015 to the Defendant on the grounds of expropriation on January 13, 2015.

C. The Defendant established the relocation measures following the implementation of the instant project, and publicly announced the compensation plan on July 12, 2012, which is the date of the resident inspection announcement for the relocation measures.

On January 27, 2015, the Plaintiff applied for the appointment of the Defendant as a person subject to the relocation measures of the instant project, but the Defendant.

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