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(영문) 수원지방법원 2016.04.06 2015구합2537
성남여수지구생활대책대상자취소처분 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant, as the executor of a project to create a national rental housing complex for male and female people (hereinafter “instant project”), prepared a standard for selecting the instant project as follows, and established and implemented a living measure.

(1) Of the criteria, the portion of the criteria set forth below (hereinafter “instant criteria for selection”). ① A business (including free business without permission, etc.) is operated as a result of permission, license, report, etc. under the related Acts and subordinate statutes from before the base date to the date of the first public announcement of the compensation plan; ② a portion of farmland owned or cultivated in the relevant business district from the base date to the date of the first public announcement of the compensation plan; and ③ a compensation for farming loss is paid. (3) A livestock business is operated in the relevant business district and the amount of livestock business is compensated in accordance with Article 49 of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor from the base date to the date of the first public announcement of the compensation plan. (2) The appraisal price type of the supply price for the commercial site is 18 square meters (the total area of land, etc. transferred to voluntary relocation and relocation within the time limit set by the Defendant.

B. The Plaintiffs are those who have built temporary facilities and operated food sales, etc. in the instant business district. On August 29, 2013, the Defendant notified the Plaintiffs of the determination that they were subject to the livelihood countermeasures of the instant business, and “the Defendant would immediately cancel the decision to select the persons subject to livelihood countermeasures in the event of forced removal by failing to comply with the Defendant’s voluntary removal and the request for relocation.”

C. On April 24, 2014, the Defendant’s packing paper on the land owned by the Defendant incorporated into the instant project district.

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