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(영문) 대법원 2017.10.26 2015두41913

주거이전비 등 청구의소

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All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1, 2, 3, and 5

A. According to Article 78(5) and (9) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) as applicable mutatis mutandis pursuant to Article 40(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), Articles 54(2) and 55(2) of the former Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 427, Jan. 2, 2012; hereinafter “Enforcement Rule of the Land Compensation Act”), a tenant of a residential building that is relocated due to the implementation of an improvement project, who has resided in the relevant area for more than three months at the time of the public works project approval or the public works project approval under the relevant Act and subordinate statutes, the relocation cost shall be calculated according to the number of household members, and a resident of a residential building to be incorporated in the area for public works execution.

B. As can be seen, the “resident relocation expenses” and “director expenses”, which are paid pursuant to the Urban Improvement Act, are compelling the payment of the following social security consideration to the tenants who will suffer special difficulties due to the policy purpose of the tenants residing in the project implementation district and the purpose of facilitating the implementation of the project and the relocation of their residence.

Furthermore, in light of the overall structure of the Act on the Improvement of Urban Areas and the process of implementing the relevant project, and the purport of the language and text of the relevant Act, compensation for housing relocation expenses for the tenants of residential buildings under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions shall be limited to those who have resided in the relevant improvement zone for at least three months at the time of the public inspection and announcement of the improvement plan, but the compensation method