logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.05.28 2019구합25163
이주대책대상자제외처분취소
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 July 2, 2012, the head of Gangseo-gu Busan Metropolitan Government published a public announcement of the perusal and presentation for the designation of the instant waterfront to the residents of Gangseo-gu Busan Metropolitan Government on the 11,885,000 square meters (hereinafter “instant project zone”).

B. On December 14, 2012, the Minister of Land, Transport and Maritime Affairs (hereinafter “instant project”) designated the instant project zone as a waterfront and established and publicly announced the Busan Metropolitan City, Busan Urban Corporation, and the E Waterfront development project for the defendant (hereinafter “instant project”).

C. On July 19, 2017, the Defendant gave guidance on the receipt of an application for the selection of a person subject to relocation measures for Ddong among the instant project zone. The foregoing notice is the date on which the selection criteria for the person subject to relocation measures are set as July 12, 2012 (the date of public announcement of district designation). The qualification requirements for the person subject to relocation measures are “the person who has continuously owned a residential building within the project zone and has continuously resided in the building, from the date of public announcement for public inspection of district residents (on July 12, 2012) to the date of conclusion of the compensation contract or the date

D. On September 5, 2017, the Plaintiff filed an application for the selection of a person eligible for relocation with the Plaintiff’s wife H (hereinafter “Plaintiff”) as the owner of the instant building located in Gangseo-gu Busan Metropolitan City (hereinafter “instant building”) and the said building site was expropriated on July 11, 2017.

E. On June 29, 2018, the Defendant rendered a disposition to exclude the Plaintiff from the person subject to relocation measures (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1 through 5 (including numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has moved to the instant building on or around July 17, 2009 and has been residing until now.

arrow