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(영문) 창원지방법원 2019.05.15 2018구단12221

주거이전비등

Text

1. The Defendant: (a) 22,714,985 won to Plaintiff A; (b) 18,364,523 won to Plaintiff B; (c) 22,714,985 won to Plaintiff C; and (d) 18.

Reasons

1. Basic facts

(a) Outline of the rearrangement project - Business name: Masan-si G Housing Redevelopment and rearrangement project in Changwon-si: A project area: H 39,060 square meters: H 30 square meters in Changwon-si: The date of public inspection and public announcement on the rearrangement plan: June 26, 2006 - Public announcement on the authorization for project implementation on March 7, 2008 (I public announcement in Mapo-si): The date of expropriation ruling on May 29, 2018: the date of commencement of expropriation on July 20, 2018;

The plaintiffs' status and number of family members in this case - the owners of housing - the number of household members in the business area of this case - the number of the plaintiffs except for the plaintiff C: A three, B1, D1, E2, and F1: two other members in the household of the plaintiff C: The above plaintiff's childrenJ resided in the above plaintiff's house and transferred his/her resident registration on September 22, 201 to K in Gyeongnam-gun, Gyeongnam-gun, and on January 28, 2014, he/she again transferred his/her house to the above plaintiff's house [based grounds for recognition], each entry in Gap's 1 or 10 (including family numbers), and the purport of the whole pleadings.

2. The assertion and judgment

A. (1) The plaintiffs are the owners of buildings within the instant project district. The defendant is obligated to pay housing relocation expenses, directors' expenses, resettlement funds, etc. that are reasonable for the number of members of each household in the instant project district.

(2) The Defendant’s assertion that the housing relocation cost for the Plaintiffs should be applied to the household expenditure based on the date the authorization for project implementation is given. Since Plaintiff C’s self-employed did not continue to reside, it shall be excluded from the number of household members for the calculation of the housing relocation cost.

B. (1) Determination is based on Article 78(5) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), which applies mutatis mutandis to the implementation of a rearrangement project pursuant to Article 65(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which applies mutatis mutandis to the calculation criteria for housing relocation expenses (A) that the Plaintiffs’ resettlement settlement funds for the Plaintiffs without dispute are 12 million each, 1,990,135 each, and all of them are eligible for housing relocation expenses.