주거이전비등
1. The Defendant’s KRW 18,705,433 as well as 5% per annum from August 24, 2017 to April 27, 2018, respectively, to the Plaintiff.
1. Basic facts (1) - Implementation of the instant rearrangement project: B housing redevelopment improvement project - The location and size of the rearrangement zone: During Gyeyang-si, the resident inspection and announcement for the formulation of a rearrangement plan and for the designation of an improvement zone: on April 15, 2010: June 2, 2015 - The project implementer: the Plaintiff purchased the housing of 139.5 square meters in the Gu D D, 139.5 square meters in the land and 2-story in the ground (hereinafter “instant housing”) during Ansan-si on April 11, 2006, and completed the registration of ownership transfer under his name on June 27, 2006.
Fidelity Plaintiff became eligible for cash settlement because the Plaintiff did not apply for parcelling-out within the period of application for parcelling-out as to the instant housing located within the instant rearrangement project zone notified by the Defendant.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence 6 and 7, and the ground for appeal
2. Relevant statutes;
A. According to Article 78(1) 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 the main sentence of 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”), a project operator shall either establish and implement relocation measures or pay resettlement funds, as prescribed by Presidential Decree, for persons who lose their base of livelihood due to the provision of residential buildings due to the implementation of public works.
Article 41 of the Enforcement Decree of the Land Compensation Act and Article 53 of the Enforcement Rule of the Land Compensation Act provide that "the amount equivalent to 30% of the appraised value of a residential building shall be the amount equivalent to 6 million won, but if the amount is less than 6 million won, it shall be 6 million won, and if the amount exceeds 12 million won, it shall be 12 million won."
The proviso to Article 40 (1) of the former Urban Improvement Act, and the former Urban Improvement Act.