주거이전비
1. The Defendant’s KRW 6,966,284 with respect to the Plaintiff and KRW 5% per annum from February 2, 2018 to June 1, 2018, and the next day.
1. According to Article 40(1) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) which applies mutatis mutandis pursuant to Article 40(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”), Article 78(5) and (9) of the former Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 272, Jan. 6, 2016; hereinafter “Enforcement Rule of the Land Compensation Act”) Article 54(2) of the former Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 14567, Jan. 6, 2016), a tenant of a residential building that is to move due to the implementation of a rearrangement project, who has resided in the relevant
As can be seen, “resident relocation expenses” paid pursuant to the Urban Improvement Act is compelling the tenants to pay under the social security consideration of the tenants who will suffer from special difficulties due to the policy purpose of facilitating the early relocation of tenants residing in the project implementation district and the purpose of promoting the project and the relocation of their dwelling.
Furthermore, in light of the overall structure of the Act on the Maintenance and Improvement of Urban Areas, the process of project implementation, and the purport of the language and text of the relevant Act, etc., compensation for housing relocation expenses for tenants of residential buildings under the Act on the Maintenance and Improvement of Urban Areas shall be limited to those who have resided in the relevant improvement zone for at least three months at the time of the public announcement of the public announcement of the improvement plan, but it is reasonable to view that the compensation
Accordingly, the tenant whose details of compensation have been determined may claim for the relocation cost of the fixed house, and the implementation of the improvement project is essential.