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(영문) 부산고등법원 2015.03.27 2014누793

주거이전비등

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. In the first instance court, the plaintiffs filed a claim for the share of the cost of moving a house (Plaintiff A: 17,130,620 won, Plaintiff B: 17,130,620 won, Plaintiff C: 13,541,90 won, and the cost of moving a house (Plaintiff A: 247,050 won, Plaintiff B: 1,039,209 won, Plaintiff C: 831,367 won), and damages for delay. The court of first instance dismissed the claim share of the cost of moving a house and accepted the claim share of the cost of moving a house. Since only the plaintiffs appealed against the claim, the subject matter of the trial in this court is limited to the claim share of the cost of moving a house.

2. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments, thereby citing this as is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. In addition, the Plaintiffs asserted that the public inspection and announcement date of the improvement plan, which is the criteria for the payment of housing relocation expenses to the tenants of residential buildings, was July 10, 2014, and thus, the Plaintiffs who resided in the previous three months for more than the previous three months, are also eligible for the payment of housing relocation expenses. However, the fact that the public inspection and announcement date of this case was September 13, 2006 is the same as seen earlier, so

[On the other hand, according to Gap evidence No. 6 and the purport of the whole pleadings, the plaintiffs asserted as the date of public inspection and announcement of the designation and maintenance plan of D Housing Redevelopment Improvement Zone(D Housing Redevelopment Improvement Project). 4. Conclusion, the judgment of the court of first instance is justifiable. Thus, the plaintiffs' appeal is dismissed as it is without merit.