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(영문) 수원지방법원 2017.12.19 2017구합66917
이주대책대상자제외처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 27, 2016, the Defendant, as the implementer of the C public housing project implemented in Seongbuk-si, Sungnam-si (Ministry of Land, Transport and Maritime Affairs D, hereinafter “instant project”), sent a notice of “A public housing zone migration and livelihood measures, etc.” as follows to the Plaintiff.

B. Around 2016, the Plaintiff filed an application with the Defendant for the selection of himself/herself as a person eligible for the relocation measures for the instant project, and the Defendant, on February 6, 2017, notified the Plaintiff that the Plaintiff constitutes “persons ineligible for the relocation measures” (hereinafter “the first notification”), and that the said notification reached the Plaintiff on February 8, 2017. C. The Plaintiff filed an objection to the first notification with the Defendant. On April 28, 2017, the Defendant issued the first notification that the Plaintiff constitutes “persons disqualified for the relocation measures” (hereinafter “the second notification”) to the Plaintiff, and the Plaintiff constitutes “persons disqualified for the relocation measures” (hereinafter “the second notification”). As a result of the Defendant’s review of the Plaintiff’s objection, the specific details are that the Plaintiff’s residence and the Plaintiff’s father E’s residence cannot be deemed independent houses under social norms, and the Plaintiff cannot be selected as a person eligible for the relocation measures for the instant project.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. The Plaintiff sought revocation on the premise that the second notification constitutes a disposition, and the Defendant asserts that the said notification does not constitute a disposition subject to appeal litigation, and thus, the instant lawsuit is unlawful.

B. The administrative disposition, which is the object of an appeal litigation, is an act under the public law of an administrative agency, and is directly related to specific matters, such as ordering the establishment of rights or the burden of obligations, or giving rise to other legal effects.

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