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(영문) 수원지방법원 2016.11.16 2015구합68711
이주 및 생활대책 대상자 부적격처분 취소
Text

1. All of the actions of the Plaintiff A, B, C, D, E, G, H, I, and J shall be dismissed.

2. The plaintiff F's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Details of the disposition;

A. On July 11, 2006, the Minister of Construction and Transportation publicly announced the Defendant as the project implementer of the K Housing Site Development Project (hereinafter “instant project”). On January 18, 2007, the Minister designated the Defendant as the project implementer of the K Housing Site Development Project (hereinafter “instant project”), and approved and publicly announced the designation (area) change and housing site development plan of the instant project area as M M in the Ministry of Construction and Transportation notification.

A person who operates a livestock farming business in a facility (based on fences, and including livestock raising facilities and playgrounds) with a capacity of at least 300 square meters, such as livestock pens, etc., in the relevant business district, and has received compensation for livestock farming loss from the 18th day ( June 29, 2004) to the first 18th day of the adjudication on expropriation (based on fences, and including livestock raising facilities and playgrounds) to the first 200 square meters, such as livestock pens, etc., and received compensation for livestock farming loss from the facility (based on fences, including livestock raising facilities and playgrounds) with a capacity of at least 200 square meters, such as livestock pens, from the first 18th day before the date of the adjudication on expropriation (based on fences) to the first

B. On February 26, 2014, the Defendant informed the Plaintiffs of the implementation of livelihood measures pursuant to Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”). Among them, the details related to the instant case (the supply of the commercial site to livestock farmers; hereinafter “instant standard”) are as follows.

C. On April 16, 2014, Plaintiff A filed an application with the Defendant for the selection of the Plaintiffs as eligible recipients for the supply of the cost of living as the livestock raiser, respectively, on April 21, 2014, and on January 29, 2014, Plaintiff B, C, D, E, F, G (former name N), H, I, I, and J respectively. On January 29, 2015, the Defendant notified the Plaintiffs of the results of the K Life Countermeasures (Disqualified) that the Plaintiffs do not constitute eligible recipients for the cost of living.

The Plaintiffs filed their respective objections to the notification of each of the above review results, but the Defendant, on April 30, 2015, filed an objection with Plaintiff B and J on the ground that it falls short of the standard area. Plaintiff C and H.

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