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(영문) 수원지방법원 2017.12.12 2017구합64676
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. The Defendant is the project implementer of the B development project (hereinafter “instant project”), and the Plaintiff is the owner of 330 square meters (in land within a development-restricted zone; hereinafter “Plaintiff’s land”) of the Plaintiff’s land and the D previously 61 square meters (the owner is the Plaintiff’s lighting car, hereinafter “E”; hereinafter “E”) located on each ground of the Plaintiff’s land and D previously 61 square meters (hereinafter “the instant building”).

B. On December 29, 2009, the Defendant agreed with the Plaintiff on December 29, 2009 that the Plaintiff shall pay 86,720,860 won to the instant building as compensation.

C. On November 9, 2016, the Defendant notified the Plaintiff on the ground that “the Plaintiff does not reside in a legitimate residential building that was approved for use” and notified the Plaintiff that the Plaintiff was disqualified for a person to be supplied with the housing site for migrants. On December 2016, the Defendant notified the Plaintiff of the result of reexamination that the Plaintiff was excluded from a person to be supplied with the housing site for migrants on March 9, 2017.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 3, 4, and 8, Eul evidence Nos. 3 and 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On June 4, 2002, the Plaintiff asserted that the Plaintiff constructed two buildings related to plants (a fixed greenhouse for agriculture) with the Plaintiff’s land and E (a total area of 991 square meters) on each ground (a total of 991 square meters), 2 buildings (a fixed greenhouse for agriculture) with the building area of 351.65 square meters, “A” with the building area of 143.85 square meters, and “B” with the building area of 143.85 square meters; hereinafter the above buildings are operated buildings, and building each of the above buildings.

Among the above buildings, it consists of a greenhouse, a greenhouse, a manager, and a room. The plaintiff from May 23, 2003.

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