(영문) 대구지방법원 2020.11.26 2020구합24129

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(영문) 대구지방법원 2020.11.26 2020구합24129

이주대책대상자제외처분취소

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1. The defendant's disposition of excluding those subject to relocation measures against the plaintiff on June 22, 2020 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the land C’s ground (hereinafter “instant housing”) in Busan Metropolitan City, and the Defendant is the project implementer of the D’s business (hereinafter “instant business”).

The instant housing site is located within the instant project zone.

B. On August 13, 2012, the Minister of Knowledge Economy publicly announced the authorization to implement the instant project as E, which is publicly announced by the Ministry of Knowledge Economy.

C. On December 20, 2019, the Defendant publicly announced a compensation plan to determine the owner of the building who has continued to reside in a legitimate residential building in the instant project zone from before the date of the public announcement of the instant project approval ( August 13, 2012) to the date of the conclusion of the compensation contract or the date of the adjudication of expropriation (hereinafter “instant period”).

On December 27, 2019, the Plaintiff entered into a compensation agreement with the Defendant on the instant housing, and was fully paid by the Defendant on January 31, 2020.

E. The Plaintiff applied for the selection of the Defendant as the person subject to the relocation measures for the instant project, but on June 22, 2020, the Defendant notified the Plaintiff that the Plaintiff could not be deemed to have continuously resided in the instant housing during the instant period (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there exists no dispute, entry of Gap Nos. 1 and 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that during the period of this case, the plaintiff did not live in the house of this case on the ground that the plaintiff did not live in the house of this case, and that he did not live in the house of this case on the ground that he did not live in the house of this case during the period of this case, and even if not, the plaintiff did not live in the house of this case on the ground that the purpose of raising the plaintiff's grandchildren due to the plaintiff's separation from his father and wife's divorce

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