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(영문) 수원지방법원 2017.08.08 2017구합61431
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. The Plaintiff is the owner of each of the lands B, C, and D (hereinafter “each of the instant lands”) and the building B (hereinafter “instant building”) in Sil Sil Sil Sil Si, who operates a restaurant in the name of “E” in the instant building.

B. On September 2015, the Defendant sent a notice to local residents, including the Plaintiff, etc., included in the F public housing project implemented by the Defendant, to receive applications from the subjects of livelihood measures (hereinafter “instant notice”), as it is planned to implement living measures, such as the supply of the commercial site and the supply of commercial stores, in accordance with Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and the Defendant’s internal regulations. The main contents are as follows.

1. The period and period of application: Information on the application from September 10, 2015 to October 2, 2015 regarding the selection of persons eligible for livelihood measures: (a) this notice is sent to district residents regardless of whether they are eligible for livelihood measures; and (b) this notice is not required to become eligible for livelihood measures on the ground that it is served with the service of this notice.

(4) A person eligible for livelihood countermeasures shall be notified individually after confirming whether he/she is disqualified through the process of examination of eligibility in accordance with the received documents.

(6) The portion in which a lawsuit seeking a compulsory execution or a lawsuit seeking a compulsory execution is filed due to a failure to move outside the project district, shall be excluded from the supply of the commercial site and the commercial building site.

3. Guidance for objection ① If there is an objection to the result of the selection of a person subject to livelihood countermeasures, I may file an objection (receiving in writing) with our Corporation within 30 days from the date of notification.

2. It may also file an administrative appeal or administrative litigation against the result of the selection of a person subject to livelihood measures.

4. The base date for the free business type of the scale of supply subject to the guidance on living measures (house 1 from among the shopping districts and stores);

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