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(영문) 창원지방법원 2015.07.21 2015구합20778
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. On October 5, 1992, the Plaintiff completed a move-in report to Kimhae-gun B (the current name of address is Kimhae-si C due to the change of administrative district and the reorganization of road name address; hereinafter “instant domicile”) and resided together with her mother D and type E in the instant domicile from that time.

B. On September 28, 2005, the Defendant was to implement the housing site development project (hereinafter “instant project”) with respect to the housing site development project with respect to the 1,143,000 square meters of the above G G Won (hereinafter “instant project district”) including the instant project site address, and was approved by the Simnam-do on October 31, 2012 after the public announcement of the designation of the instant project district was made on September 28, 2005.

C. E, due to the symptoms of alcohol addiction, was hospitalized in the Masan convalescent hospital from September 22, 2009 to August 21, 2013 and from September 17, 2013 to December 2, 2013. On September 29, 2009 during the period of hospitalization, E donated to D the land at the instant domicile and the housing on its ground (hereinafter “instant housing, etc.”) and completed the registration of ownership transfer on October 8, 2009, and died on December 2, 2013.

D decided to donate the instant housing, etc. to the Plaintiff, and written a written statement in the names of himself, the Plaintiff, and the Plaintiff’s brothers and sisters on September 29, 2009. The content is that “The compensation paid for the instant housing, etc. shall be paid to the Plaintiff in full, and all of the family members shall consent without any objection.”

E. On March 8, 2010, D donated the instant housing, etc. to the Plaintiff, and the Plaintiff acquired ownership of the instant housing, etc. on March 9, 2010, and D received hospitalized treatment from August 10, 2012 due to cerebral color, etc., D died on January 1, 2015.

F. On August 20, 2013, the Plaintiff completed an agreement on compensation with the Defendant for the instant housing, etc. and expected to be designated as a person subject to relocation measures, but the Defendant on December 19, 2014.

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