Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 23, 1994, the Plaintiff completed the registration of ownership transfer based on sale under its name with respect to C’s land and ground buildings (hereinafter “instant building”).
B. On July 28, 2016, the Defendant, ex officio, notified the Plaintiff that the Plaintiff is disqualified for relocation measures for the public housing zone A (hereinafter “instant project zone”) as follows:
As a result of the result of the examination of relocation measures for public housing zones A, Namyang-ju A public housing zone, the thickness does not meet the criteria for persons subject to relocation measures and is determined to be disqualified, and the following matters are announced.
- A person subject to relocation measures - A person who has owned a legitimate house in the project district and has resided continuously in the project district (or the date of adjudication of expropriation) before the date of public inspection and publication of the residents (hereinafter “the date of the instant basic date”) by the date of conclusion of the compensation contract (one year prior to the date of the adjudication of expropriation) and who has resided in the project district after receiving compensation for the house due to the implementation of the project (excluding the owner of an unauthorized building, corporation or organization after January 25, 1989)
C. On August 30, 2016, the Plaintiff filed an objection with the Defendant, asserting that “The Plaintiff only transferred the residence to D in Maneeman-si, Manee-co for the purpose of the aggravation of chronic pulmonary pulmonary disease and the medical care due to the knee-free scare while residing in the building of this case prior to the base date of this case.”
Accordingly, on September 28, 2016, the Defendant notified the Plaintiff that the Plaintiff is disqualified (hereinafter “instant disposition”) for the following reasons.
It is reasonable to deem that notification of the result of review of an objection to notification of the result of an ex officio review of a person subject to measures for relocation is an independent administrative disposition and subject
(See Supreme Court Decision 2015Du58645 Decided July 14, 2016). Results of re-examination of the outcome of a review on an objection to relocation measures: the reasons why the objection is disqualified for relocation measures: