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(영문) 수원지방법원 2019.05.22 2017구단6956

주거이전비등

Text

1. The Defendant: 542,381 won to Plaintiff B and 5% per annum from March 29, 2017 to May 22, 2019; and

Reasons

1. Facts of recognition;

(a) Formulation of an improvement plan and designation of an improvement zone - Designation authority: Seongbuknam City - Date of public inspection and announcement: January 21, 2008 - Project name: Seongbuk H Housing Redevelopment and Improvement Project (hereinafter “Maintenance Project”);

B. On December 4, 2009, the Defendant was granted authorization for the implementation of the instant rearrangement project from the Sungnam City Mayor by way of public notification I of Sungnam City on December 4, 2009 with respect to the size of 203,973 square meters from the Sungnam City Mayor.

【Ground of recognition】 In the absence of dispute, Gap evidence Nos. 1 and 2-1, 2, 3, 21, Eul evidence Nos. 1, 2-1, 2-2, 3, 4, 5, and the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiffs’ assertion is that the tenants actually resided in the instant improvement project zone for at least three months as of the date of public inspection and announcement, and due to the implementation of the instant improvement project, the Plaintiffs were relocated or scheduled to move out of the rearrangement project zone.

Therefore, the Defendant is obligated to pay the Plaintiffs housing relocation expenses and directors’ expenses pursuant to Article 40 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Articles 54 and 55 of the Enforcement Rule of the former 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

(b) as shown in the attached Form of the relevant statutes;

C. (1) Determination 1) The former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which applies mutatis mutandis under Article 40(1) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Land Compensation Act

According to Article 78(5) and (9) of this Act and Articles 54(2) and 55(2) of the Enforcement Rule of the former Land Compensation Act, tenants of residential buildings that are relocated due to the implementation of a rearrangement project, who have resided in the relevant zone where the relevant public works are performed for at least three months at the time of the public project approval or the public announcement is made under the relevant Acts and subordinate statutes for public works.