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(영문) 부산고등법원(창원) 2016.10.05 2016누10858
이주자택지공급대상자제외처분취소
Text

1. Revocation of a judgment of the first instance;

2. On July 10, 2015, the Defendant is subject to supply of migrants’ housing sites to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant, on December 23, 2005, announced the residents’ public inspection of the planned housing site development area B housing site development project (hereinafter “instant project”).

B. After June 10, 2014, the Defendant sent a notice on the implementation of measures for resettlement and livelihood to a person subject to measures for resettlement and livelihood related to the instant project. The main contents of the measures for resettlement are as follows.

1) A person subject to supply of a housing site for migrants (a) shall be the date of public inspection by the residents of B (hereinafter referred to as the "date of public inspection") before one year prior to the date of public inspection by the residents of B: A person who owned a house and has resided in the house continuously before the date of concluding a compensation contract or the date of adjudication on expropriation, and who moves to the house after receiving compensation from the project operator for the implementation of the project; b) a person subject to supply of one house for one household (where the same household which shares two or more houses, one house supplied), a person subject to special supply of a house for one household (where the same household which shares the house), a person who renounced the right to be supplied with a housing site among those subject to supply of a housing site for the migrants and requested special supply of a house, a person who has resided in the house continuously before 00 days prior to the date of concluding a compensation contract or the date of adjudication on expropriation by the residents, and a person who has received compensation from the project operator and received 30 percent or less of the amount subject to be supplied for the housing site for five percent (300 percent).

C. The Plaintiff is a business area of the instant case.

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