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(영문) 수원지방법원 2015.10.13 2015구합60779

주거이전비등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the move-in report to B on October 22, 2002, and thereafter, started from that time, the Plaintiff left the land B (hereinafter referred to as “B”) and C (hereinafter referred to as “C land”) on the land of the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si, and

B. According to the Housing Site Development Promotion Act and its Enforcement Decree on January 18, 2007 and the Housing Site Development Promotion Act, the Minister of Construction and Transportation approved and publicly notified the housing site development plan to implement the Housing Site Development Promotion Project at Sinsi-si, E, F, G, H, I, I, 2,89,783, with the Defendant as the project implementer. Accordingly, each of the instant lands was expropriated as part of the above project zone.

C. Around March 16, 2009, the Defendant paid to the Plaintiff totaling KRW 34,713,521 [B = agricultural loss of land 13,915,302 KRW 7,831,600 agricultural loss of land C, KRW 3,497,429 KRW 3,429, KRW 9,469,190, as compensation for losses of the Plaintiff’s agricultural loss due to the expropriation of each of the instant lands and the obstacles in each of the instant lands] to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The plaintiff's assertion is that the plaintiff is obligated to pay to the plaintiff the relocation cost of the dwelling, 2,573,264 won, and 314,479 won, 2,87,743 won in total, and delay damages for delay, under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter "Land Compensation Act") and the Enforcement Rule thereof, inasmuch as the plaintiff resided in the residential building that was made by remodeling a vinyl in the land of this case, which was made by remodeling a vinyl house on the land of this case, and moved to the dwelling due to the implementation of the housing site development project.

3. Determination

A. According to Article 78 of the Land Compensation Act, a project implementer is for a person who loses his/her base of livelihood as he/she provided a residential building due to the implementation of public works.