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(영문) 부산지방법원 2019.06.20 2019구합20878
이주대책대상자제외처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On July 12, 2012, the head of Gangseo-gu Busan Metropolitan Government published Gangseo-gu Busan Metropolitan Government public announcement for the inspection and public announcement for the designation of the "F Waterfront" (hereinafter referred to as the "instant project zone") with respect to the size of 11,885,00 square meters in Gangseo-gu Busan Metropolitan Government Cdong, Ddong, Dong, and E-dong Seoul Metropolitan Government.

On December 14, 2012, the Minister of Land, Transport and Maritime Affairs designated the project area of this case as G, G, and the Ministry of Land, Transport and Maritime Affairs announced and announced the project operator as Busan Metropolitan City, the defendant, and Busan Urban Corporation.

On January 21, 2016, the Defendant provided guidance on the receipt of an application for the selection of a person subject to relocation to Ddong during the instant project zone. The foregoing notice states that the date of the selection of the person subject to relocation and living measures is July 12, 2012 (the date of announcement for public inspection by district residents). The qualification requirements for a person subject to relocation and supply of a housing site are as follows: “A person who has owned a residential building in the project zone continuously within the project zone from the date of public announcement for the designation of residents on the waterfront (date July 12, 2012) to the date of the conclusion of the compensation contract or the date of adjudication for expropriation, and the owner of a building for which construction or change of use has been constructed or changed without obtaining permission or reporting for construction or change of use, is excluded from the person subject to relocation measures (an unauthorized house constructed before January 24, 1989 is recognized as a legitimate residential building).”

The Plaintiff, on September 18, 2018, submitted to the Defendant an application for the selection of a person subject to relocation on September 18, 2018, as the Plaintiff was incorporated into the instant project area one-story 252 square meters away from the main floor of the G-gu Busan Gangseo-gu's T (hereinafter referred to as the "instant building") on the ground of his/her ownership.

On November 29, 2018, the Defendant excluded the Plaintiff from a person subject to relocation measures on the ground of “non-disqualifications for house requirements (which is not a residential building, not a public-interest residential building).”

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