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(영문) 수원지방법원 2018.04.25 2017구단1791

주거이전비

Text

1. The Defendant shall pay the Plaintiffs KRW 10,800,000 and the interest rate of KRW 15% per annum from October 12, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant is an association established on July 26, 201 in order to implement a housing redevelopment project (hereinafter “instant project”) with respect to the housing redevelopment project (hereinafter “instant rearrangement zone”) of the area of 133,418,30 square meters of the enforcement area of the Dongwon in Ansan-si (hereinafter “instant rearrangement zone”).

B. On July 23, 2009, the Gyeyang-si announced the project implementation authorization to the F Public Notice in Ansan-si on September 22, 2015 (hereinafter “instant public announcement”) after granting the project implementation authorization on September 22, 2015.

C. On March 16, 1999, the Plaintiffs were the tenants who were able to move to due to the implementation of the instant project while they leased 1st floor G (hereinafter “instant housing”) in Ansan-si, the housing located within the instant rearrangement zone and actually resided therein.

The plaintiffs' residential relocation cost is KRW 10,800,000.

[Reasons for Recognition] Each entry of confession (Article 8(2) of the Administrative Litigation Act, Article 150(3) and (1) of the Civil Procedure Act, and Article 150(3) and (1) of Gap's evidence (including each number), the purport of the whole pleadings;

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. Determination

A. According 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; hereinafter “former Act”), Article 78(5) and (9) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) and Articles 54(2) and 55(2) of the former Enforcement Rule of the Land Compensation Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 272, Jan. 6, 2016; hereinafter the same shall apply), with respect to tenants of residential buildings to be relocated due to the implementation of a rearrangement project, which is a public works project, and with respect to those who have resided within the relevant public works project zone for at least three months at the time of the public works project approval, etc. or the public works announcement, etc. under the relevant Act and subordinate statutes, relocation expenses shall be 4/10