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(영문) 창원지방법원 2015.09.15 2015구합20181
이주대책대상자제외처분취소
Text

1. The Defendant’s disposition of excluding those subject to relocation measures against the Plaintiff on December 19, 2014 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On September 28, 2005, the Defendant publicly announced the resident inspection of the planned housing site development area on September 28, 2005, when executing the housing site development project in the Kimhae-si, the Sinhae-si, and the Sinhae-ri, the Sinhae-ri, the Sin-ri, the Sin-ri, the Si

B. The Plaintiff’s husband’s husband B (the deceased on September 25, 2014, hereinafter “the deceased”) purchased the CHousing No. C (hereinafter “the instant housing”) from D in the instant project zone, and completed the move-in report on November 16, 2005, and completed the registration of ownership transfer on November 18, 2005.

C. On September 23, 2013, the Defendant acquired the instant house from the Deceased through consultation, completed the registration of ownership transfer on September 30, 2013, and the Deceased moved to E on April 15, 2014.

On June 17, 2014, the Defendant, while implementing the relocation measures for the instant project, determined that “the person who has continuously resided in the instant project district while possessing the house within the relevant project district from before the relevant date (the date of public inspection announcement; hereinafter “the instant basic date”) to the date of conclusion of the indemnity agreement or the date of adjudication of expropriation, and who has been transferred to the instant project after receiving compensation for losses.”

E. On December 19, 2014, the deceased filed an application for the selection of the deceased as a person subject to relocation measures with the Defendant’s death during the review process, and the Defendant rendered a notification to the Plaintiff on December 19, 2014 that “The Plaintiff was excluded from the person subject to relocation measures (hereinafter “instant disposition”) on the ground that “The move-in report ( November 16, 2005) and the ownership transfer registration ( November 18, 2005) of the instant housing was completed.”

F. The Deceased, as his/her child, was F, G, and H (hereinafter “F, etc.”). Around August 2015, the Plaintiff entered into an inherited property division agreement with F to the effect that the Plaintiff solely succeeds to the entirety of the rights and obligations in the instant housing and the instant lawsuit (hereinafter “instant agreement”).

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