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(영문) 서울행정법원 2018.10.17 2018구단10494

주거이전비 등 지급

Text

1. The Defendant’s KRW 10,108,289 as well as the Plaintiff’s annual rate from June 1, 2018 to October 17, 2018.

Reasons

1. Basic facts

(a) Authorization for project implementation, announcement, etc. - Project name: C Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Date of authorization for project implementation: August 16, 2013 [Public Notice D of Songpa-gu Seoul Metropolitan Government and the Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter referred to as “Urban Improvement Act”).

- Location and area of an improvement zone: Songpa-gu Seoul Metropolitan Government E, F Japan, 98,453.7 square meters (hereinafter “instant improvement zone”) - The date of public inspection and announcement of the designation of an improvement zone: October 22, 2007 (hereinafter “the date of public inspection and announcement of the improvement zone in this case”) since the project approval and announcement are deemed to have been made at the time of public announcement of the project approval pursuant to Article 40(2).

B. The Plaintiff’s mother G, including the Plaintiff’s residential situation, had the Plaintiff registered ownership transfer on April 29, 1973 under the Plaintiff’s mother G name on March 2, 1984, with the Plaintiff on the date of public inspection and announcement of the designation of the above rearrangement zone.

A single-story house on the ground (unauthorized building; hereinafter the above site is referred to as “instant building site” and the above housing is referred to as “instant housing” and when they are referred to together, they were residing in the instant real estate).

G died on May 30, 2016, and on November 4, 2016, the Plaintiff and the Plaintiff, the inheritor, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that the instant real estate shall be owned solely by B.

B In accordance with the agreement on the division of inherited property as to the instant house, on November 10, 2016, the head of Songpa-gu Seoul Metropolitan Government filed an application for the change of ownership of an unauthorized building owner and issued the certificate of completion of report. On the other hand, as to the instant building site, the inheritance by consultation and division on May 30, 2016.