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(영문) 서울행정법원 2017.02.13 2016구단32797

주거이전비

Text

1. The Defendant’s KRW 6,226,960 as well as the Plaintiff’s annual rate from September 20, 2016 to February 13, 2017, and the following.

Reasons

1. Basic facts

(a) Project name - Project name: B house redevelopment rearrangement project - Rearrangement zone location: Seoul Songpa-gu and D - The date of public inspection and announcement of rearrangement plan: October 22, 2007 - The date of public announcement of project implementation authorization: August 16, 2013;

Project implementer: Defendant (founded ground for recognition) has no dispute, Gap evidence 1, the purport of the whole pleadings.

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff resided in a residential building in an improvement zone as of the date of public inspection and announcement of the improvement plan. As such, the Defendant is obligated to pay the Plaintiff the cost of moving the residence (one head of household) as of April 4, 2015, which belongs to the date of the Plaintiff’s director, to the Plaintiff KRW 6,801,576, and damages for delay.

B. According to Article 78(5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and the main text of Article 54(2) of the Enforcement Rule of the same Act, a tenant of a residential building relocated due to the implementation of a public project, who has resided in the relevant public project implementation zone for more than three months at the time of the public project approval, etc. or the public announcement, etc. under the relevant Acts and subordinate statutes for the public project implementation, shall compensate for the relocation cost of the residential building for four months

Compensation for housing relocation expenses to tenants of residential buildings under the Act on the Improvement of Urban and Residential Environments shall be made to the tenants of residential buildings who have resided in the relevant improvement zone for at least three months as at the date of the public inspection and announcement of the improvement plan, when it becomes possible for residents, etc. to be aware that the improvement plan is to be implemented because the tenants of residential buildings who have been relocated

(see, e.g., Supreme Court Decision 2009Du16824, Sept. 9, 2010). Accordingly, a tenant needs to continue to reside on the date of public notice of the approval plan for the implementation of a rearrangement project, or on the date of public notice of the approval plan for the implementation of a rearrangement project or until the date of public notice of