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(영문) 수원지방법원 2018.09.07 2017구단9429

주거이전비등

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1. The Defendant: 19,619,757 won to Plaintiff A; 11,651,481 won to Plaintiff B; 17,51,455 won to Plaintiff C; and 24,013 to Plaintiff D.

Reasons

1. (i) On July 23, 2009, the Ministry of Information and Communication published a public announcement for the designation of the improvement zone and the resident inspection of the improvement plan for the I Housing Redevelopment Improvement Project (hereinafter “instant improvement project”) on July 23, 2009.

on September 22, 2015, Dollyang City announced the project implementation authorization (K in both cases) as follows with respect to the instant rearrangement project.

The location and area of the rearrangement zone: The project implementer of the 133,418.30 square meters of L day in Ansan-si: the plaintiffs were living in the housing owned by each person within the rearrangement project zone in this case from before the date of the public inspection of the above residents, and the plaintiffs were eligible for cash settlement because they did not apply for parcelling-out, and the decision of expropriation was made on July 31, 2017. The decision of expropriation was made on September 14, 2017, and continued to reside in the housing owned by each person until September 14, 2017.

A CD E F G HH N PPR S 【Ground for Recognition】 There is no dispute, Gap 1 through 5 (including virtual numbers), the purport of the entire pleadings

2. Determination (i) According to Article 78(1), (5), and (9) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects as applied mutatis mutandis pursuant to Article 40(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017); Article 41 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects; Articles 53(2), 54(1), (3), and 55(2) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the resettlement settlement money to be paid by a project implementer to a person who is deprived of his/her base of livelihood as a result of the provision of a residential building due to the implementation of an improvement project shall be calculated as KRW 6 million, if the amount exceeds KRW 12 million,000,000,000.