logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.26 2016구합70872
이주자택지대상자제외처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

A. On July 14, 2010, the Defendant is the implementer of the E-Housing Development Project (hereinafter “instant project”) publicly notified by the Ministry of Land, Transport and Maritime Affairs as C public notice of the Ministry of Land, Transport and Maritime Affairs on September 17, 2010, and the approval and public notice of the Housing Site Development Development Plan and the conversion of D zone.

B. On August 6, 2012, the Plaintiff, as the owner of the building on the F-based land located within the instant project zone (hereinafter “instant building”), concluded a compensation agreement with the Defendant regarding the instant building (hereinafter “instant agreement”), and applied for the selection of the subject of migrants to the Defendant.

C. On November 7, 2016, the Defendant notified the Plaintiff that the instant building was not a house, but a neighborhood living facility, and that the Plaintiff did not actually reside in the instant building, the Defendant did not constitute “a person who owned a legitimate house in the instant project district from January 19, 2006 (hereinafter “the instant base date”) to the date of concluding a compensation contract, and thus, did not constitute “a person who has continuously resided in the instant project district,” and thus, the Defendant was disqualified for relocation measures (resident’s housing site).

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 2, Eul’s evidence 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. As to the Defendant’s assertion that the instant disposition was lawful on the grounds of the disposition and the relevant statutes, the Plaintiff asserted that the instant disposition was unlawful on the following grounds.

1) The instant housing is a lawful building constructed in accordance with the construction permit. 2) The Plaintiff resided on the first floor of the instant building from the base date to 2002, and thereafter, the first floor was leased to G, and the Plaintiff continued to reside in the underground floor from the underground floor to the date of conclusion of the instant contract, and thus constitutes a person subject to the supply of housing sites.

(b).

arrow