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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 14, 2010, the Defendant is the implementer of the Namyang E-Housing Development Project (hereinafter “instant project”) publicly notified by the Ministry of Land, Transport and Maritime Affairs as C public notice by the Ministry of Land, Transport and Maritime Affairs on September 17, 2010, and the approval and public notice of the housing site development plan and the conversion of D zone.
On February 8, 2012, the Plaintiff entered into a compensation contract with the Defendant on the instant building, as the owner of the F Ground Building located within the instant business zone in Namyang-si, Namyang-si (hereinafter “instant building”).
B. On July 28, 2016, the Defendant: (a) prior to January 19, 2006, the date of public announcement of residents’ perusal of the instant project; (b) prior to January 19, 2006, in the case of migrants’ housing sites, one year prior to the date of the conclusion of the compensation contract or the date of adjudication on expropriation, the Defendant continuously owned and resided in a legitimate house within the instant project district by the date of the conclusion of the compensation contract; and (c) notified the Plaintiff that the Plaintiff was determined as disqualified due to the lack of conformity with the project implementation; and (d) was determined as disqualified due to the project implementation.
(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1-2, 2, and 4, Eul evidence No. 3, and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. As to the Defendant’s assertion that the instant disposition is lawful on the grounds of the grounds of the disposition and relevant statutes, the Plaintiff asserted that the instant disposition is unlawful, asserting that the instant disposition is unlawful, as the Plaintiff had resided in the instant building prior to the date of the relocation measures, and continued to reside in the instant building until February 8, 2012, after completing the registration of ownership transfer on the instant building on September 25, 2002, and completing the registration of ownership transfer with the Defendant on the compensation contract with the Defendant.
(b) as shown in the attached Form of the relevant statutes;
C. Taking account of the overall purport of the pleadings in the statement No. 3 as to the judgment of the court below.