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(영문) 서울행정법원 2017.10.26 2017구단8807

주거이전비등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On October 22, 2007, the Seoul Songpa-gu Seoul Metropolitan Government D (hereinafter referred to as the “instant rearrangement zone”) was designated and announced as the C Housing Redevelopment Improvement Zone on the summary of the rearrangement project.

The Defendant, with the authorization of the establishment of the association, implemented the housing redevelopment improvement project (hereinafter referred to as the “instant project”) in the instant rearrangement zone.

B. The Plaintiff’s residence status is that the Plaintiff and the Plaintiff’s mother F were transferred to the 29.752m2m2 (hereinafter “the instant unauthorized house”) of the building without permission on the ground in Songpa-gu Seoul E-gu (hereinafter “the instant site”) in the instant improvement zone, Songpa-gu, Seoul, and the 31m2m2 (hereinafter “the instant building site”).

With respect to the site of this case, on March 2, 1984, the registration of ownership transfer was made under the Plaintiff’s mother F name on April 29, 1973 under the Plaintiff’s mother F.

The Plaintiff’s mother F died on May 30, 2016, and thereafter the ownership was transferred on November 15, 2016 under the Plaintiff’s name on November 30, 2016, on May 30, 2016, due to inheritance by consultation and division.

C. On September 30, 2016, on the instant site and the instant unauthorized housing, the expropriation ruling was made on September 30, 2016, and on November 18, 2016, the expropriation compensation deposited with G on November 18, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion;

A. The gist of the Plaintiff’s assertion, along with her mother, has resided in the instant unauthorized house within the instant rearrangement zone since before the date of the public inspection announcement of the instant rearrangement zone. Since her mother died, the Defendant is obligated to pay to the Plaintiff KRW 10,300,000 for resettlement settlement funds, KRW 3,100,000 for residential relocation expenses, KRW 1,20,000 for movable property relocation expenses, KRW 1,200,000 for movable property relocation expenses, and damages for delay.

B. The gist of the Defendant’s assertion present.