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(영문) 대전지방법원 2016.12.21 2016구합101227
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 27, 1993, the Plaintiff’s attached B filed a registration of preservation of ownership on the instant single-story housing and the single-story warehouse, including the above single-story housing and the single-story warehouse, which were located in Gangseo-gu, Busan Metropolitan City, as well as the 42.98 square meters of multi-story housing and the block 49.59 square meters of affiliated blocks (hereinafter referred to as “instant housing”).

After the death of B, on May 3, 2004, the Plaintiff’s mother-friendly D completed the registration of ownership transfer on the instant housing on the ground of inheritance by agreement division. After D’s death, the Plaintiff completed the registration of ownership transfer on the instant housing on August 7, 2013.

B. On July 12, 2012, the head of Gangseo-gu Busan Metropolitan Government publicly announced the residents’ public inspection for 20 days from July 12, 2012 to August 9, 2012 on the ground that he/she intends to hear residents’ opinions on the designation of Busan H waterfront with respect to 11,85,000 square meters in Gangseo-gu, Busan Metropolitan City, E, F, G Council members, G members, and G members (I publicly announced Gangseo-gu Busan Metropolitan City).

C. On December 14, 2012, the Minister of Land, Transport and Maritime Affairs (the Minister of Land, Transport and Maritime Affairs) designated the Busan Gangseo-gu, E, F, Gwon 11,885,000 square meters as the project area (hereinafter “instant project”) of the Busan H waterfront development project (hereinafter “instant project”), and designated the Defendant as the project operator, “public notice of the designation, etc. of Busan H waterfront” (the Ministry of Land, Transport and Maritime Affairs announced). The land where the instant housing is located was included in the instant project area.

On September 13, 2013, the Defendant publicly announced a compensation plan for the designation of the instant project zone. On November 22, 2013, the Defendant concluded a compensation contract with the Plaintiff on the total of 17 land and obstacles, including the instant housing, and on December 2, 2013, registered the transfer of ownership on the instant housing on the ground of an agreement on the land for public use on November 22, 2013.

E. On May 22, 2014, the Defendant provided guidance on the relocation and implementation of living measures and application for the instant project area, and among which, the supply of the said housing site is subject to relocation.

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