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(영문) 서울행정법원 2017.01.18 2016구단25836

주거이전비등

Text

1. The Defendant shall pay to the Plaintiff KRW 15,298,327 and the interest rate of KRW 15% per annum from October 14, 2016 to the date of full payment.

Reasons

Basic Facts

The summary of the rearrangement project - Project name: B district housing redevelopment and rearrangement project (hereinafter referred to as the "project in this case"): Defendant - Project implementer: The location and size of the rearrangement zone: The area of the rearrangement zone in Yangcheon-gu Seoul Metropolitan Government (hereinafter referred to as the " rearrangement zone in this case") - The public inspection and publication date of the rearrangement plan: May 26, 2008 - The public announcement date of the project implementation: May 26, 2008: the Yangcheon-gu Seoul Metropolitan Government public announcement on October 10, 201, the Plaintiff leased the housing in Yangcheon-gu Seoul Metropolitan Government E (hereinafter referred to as the "instant housing") located within the rearrangement zone in this case, and resided until October 12, 201 after making a move-in report on November 26, 2001.

【The Plaintiff’s assertion that the Plaintiff, on October 10, 201, leased and resided in the instant house and went to move out due to the implementation of the instant project. As such, the Defendant is obliged to pay the Plaintiff housing relocation cost and director’s expenses.

Judgment

1. Residential relocation expenses and director expenses paid to tenants of residential buildings relocated following the implementation of public works pursuant to Article 78(5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Articles 54(2) and 55(2) of the Enforcement Rule of the same Act shall have the nature of the amount of money paid from the perspective of social security for tenants who will suffer special difficulties due to the policy purpose of encouraging early relocation of tenants residing in the relevant zone where the relevant public works are implemented and their relocation of residence. Therefore, the tenant of residential buildings to be relocated due to the implementation of public works under Article 54(2) of the Enforcement Rule of the same Act is the district where the relevant public works are implemented at the time of the public works approval or the public works are publicly notified under the relevant Acts and subordinate statutes.