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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
The Defendant carried out the F Project (hereinafter “instant project”) at Daejeon Sung-gu B, Dong, Ddong, and Edongwon, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu (hereinafter “instant housing”) was incorporated into the instant project district.
The deceased G received compensation from the Defendant for the instant housing on December 2015, but died on March 9, 2016, before being determined as a person subject to relocation measures.
On August 2016, the Plaintiff, an heir of the network G, applied for the selection of a person subject to relocation measures to the Defendant. However, on February 27, 2017, the Defendant rendered a non-conformity disposition against the Plaintiff on the ground that “if his/her spouse or lineal ascendant or descendant died before determining the person subject to relocation measures, one of his/her spouse or lineal ascendant or descendant may be selected as a person subject to relocation measures, but there is no spouse, lineal ascendant or descendant who has resided together with the person subject to relocation measures.”
(hereinafter “instant disposition”). The Plaintiff filed an objection with the Defendant, but the Defendant dismissed the Plaintiff’s objection on May 30, 2017.
The plaintiff's assertion that the disposition of this case is legitimate in relation to the facts without any dispute (applicable to recognition), Gap's evidence Nos. 1 through 3 (including a branch number, if any; hereinafter the same shall apply) and the purport of the whole pleading, were resided in the house of this case from November 1, 1968 to the time of death. The plaintiff resided in the house of this case from the date of birth to March 1, 1991 as the deceased G's heir, and resided in Seoul to enter the school thereafter, and thereafter resided in Seoul and Ulsan for the purpose of accompanying the workplace thereafter.
The net G may become a person subject to relocation measures pursuant to Article 78(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Land Compensation Act").