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(영문) 서울행정법원 2017.06.07 2016구단66950

주거이전비

Text

1. The Defendant shall pay to the Plaintiff KRW 6,486,264 and the interest rate of KRW 15% per annum from June 30, 2016 to the day of complete payment.

Reasons

1. Basic facts

(a) Business name - Business name : B housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Defendant - The location and size of the rearrangement zone: Defendant - The location and size of the rearrangement zone: Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as “instant rearrangement zone”) - The public announcement date of the public inspection and announcement of the improvement plan: April 11, 2006 - the public announcement of the project implementation authorization on October 30, 2014: the Eunpyeong-gu Seoul Metropolitan Government public announcement date.

B. On February 1, 1994, the Plaintiff leased the Eunpyeong-gu Seoul Metropolitan Government G and the second floor ( Germany) (hereinafter “instant housing”) from H to file a move-in report and resided until March 3, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion asserts that the plaintiff is obligated to pay the moving cost to the plaintiff, since the tenant who leased and resided in the house of this case from February 1, 1994 and moved to move due to the implementation of the project of this case.

As to this, the defendant asserts that the plaintiff's Dongin purchased the house of this case from H and resided together with the plaintiff in the house of this case, the plaintiff is not the actual tenant of the house of this case.

B. Relocation expenses paid to tenants of residential buildings that move according to the implementation of public works pursuant to Article 78(5) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor and each subparagraph of Article 54(2) of the Enforcement Rule of the same Act shall have the nature of money paid from the perspective of social security for tenants who will suffer special difficulties due to the policy purpose of encouraging the early relocation of tenants residing in the relevant zone where the public works are implemented and their relocation of dwelling. Therefore, the relocation expenses are due to the implementation of public works under Article 54(2) of the Enforcement Rule of the same Act.