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(영문) 창원지방법원 2015.11.03 2015구합20907

주거이전비등 청구

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the executor of the housing site development project (hereinafter “instant project”) and the Plaintiffs are those who leased and live the buildings located within the instant project area.

B. A public announcement of project approval of the instant project (hereinafter “public announcement of this case”) was made on December 30, 2004 by E public announcement of the Ministry of Construction and Transportation.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. 1) The Defendant is obligated to pay the Plaintiff’s housing relocation cost or director cost to the Plaintiff who is the tenant of a residential building. As such, the Defendant is obligated to pay the Plaintiff KRW 8,882,963, and KRW 329,453, and director cost to the Plaintiff B, KRW 882,963, and KRW 779,472, and director cost to the Plaintiff C, and KRW 1,039,29, and KRW 296,000,000 to the Plaintiff. 2) The Defendant performed the construction of the housing site for the instant project, while performing the construction of the housing site for the instant project, and the Defendant incurred flood damage to the Plaintiff C on August 3, 2014.

Therefore, the Defendant is obligated to pay the Plaintiff C KRW 28,017,40 as compensation for property damage, and KRW 21,982,60 as consolation money.

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

C. According 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, a tenant who is a tenant of a residential building that is relocated due to the implementation of a public work project and has resided in the relevant public work implementation zone for at least three months at the time of the public works project approval or the public works are publicly notified under the relevant Acts and subordinate statutes, etc., shall obtain the right to relocate the residential land under Article 54(2) of the Enforcement Rule of the same Act and the right to claim the director's expenses under Article 5

Therefore, the health class and the evidence Nos. 4 through 6, respectively, to which the plaintiffs have resided in the business area of this case for more than three months at the time of the notification of this case.