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(영문) 수원지방법원 2018.10.10 2018구단6762

주거이전비 청구의 소

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1. The Defendant shall pay to the Plaintiff KRW 17,572,216 and the interest rate of KRW 15% per annum from March 15, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On April 10, 2008, the Suwon City announced the improvement zone designation and improvement plan for residents’ public inspection (hereinafter “instant improvement project”) with respect to B housing redevelopment improvement project (hereinafter “instant improvement project”) on April 10, 208.

B. On July 23, 2015, the Suwon City announced the project implementation authorization (Public Notice D in Suwon City) as follows with respect to the instant improvement project.

The location and area of a rearrangement zone: The defendant; the project implementer of the 35,740 square meters in Suwon-gu, Suwon-si;

C. On April 20, 2005, prior to the date of the public inspection for the resident of this case, the Plaintiff leased all of the H ground housing in Suwon-gu, Suwon-gu, Suwon-gu, Seoul, Seoul, (hereinafter “instant housing”) located within the instant improvement project zone from G in the presence of Licensed Real Estate Agent F, and all of the Plaintiff’s family members were to move-in to the instant housing on May 11, 2005.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2-1 through 5, 3, Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings.

2. Determination

A. The Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion is that the Plaintiff’s family member made a move-in report to the Seoul metropolitan area on September 2014 in order to transfer the Plaintiff’s child I and J to the school located in Seoul, and completed the move-in report to the instant house. However, as the Plaintiff continued to reside in the instant house from May 11, 2005, including the period up to which the move-in report was made in Seoul metropolitan area, until the date of the move-in report, the Plaintiff was wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

(ii) A tenant of a residential building is entitled to the cost of moving a house. Therefore, the Defendant is obligated to pay the Plaintiff the cost of moving a house for four months and the damages for delay in accordance with the number of his/her household members. (ii) The Plaintiff’s children are all the subjects of the Defendant’s claim.