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(영문) 서울행정법원 2018.01.31 2017구단75388

주거이전비등

Text

1. The Defendant’s KRW 18,332,211 as well as 5% per annum from March 16, 2017 to October 30, 2017 to the Plaintiff.

Reasons

1. Basic facts

(a) Authorization and announcement of project implementation - Project implementation authorization and announcement - B housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Public announcement of project implementation authorization: Eunpyeong-gu public announcement of December 11, 2014 - The location and area of the rearrangement zone - Seoul Eunpyeong-dong Seoul Metropolitan Government Do 896,500§³ - The date of public inspection and announcement of the designation of the rearrangement zone: June 14, 2007 - The Defendant:

B. From November 22, 1983, the deceased F resided in Eunpyeong-gu Seoul and 101 (hereinafter “instant housing”) in the instant improvement zone from November 22, 1983, and continued to reside in the instant housing after acquiring the ownership of the said housing on April 24, 1984, and died on December 27, 2015.

C. The net F is the owner of the instant housing and became the subject of cash liquidation because the application for parcelling-out is not made within the period of application for parcelling-out as notified by the Defendant.

The Plaintiff, along with the net F, resided in the instant house from November 22, 1983 to the present date, and completed the registration of ownership transfer on the ground of inheritance by consultation and division on May 17, 2016, due to the death of the deceased F.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1 through 3, Gap evidence 5, Eul evidence 1, the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties had continued to reside in the housing of this case, which is a residential building, with the deceased's husband F, and had been relocated due to the implementation of the business of this case. Thus, the defendant is obligated to pay the plaintiff housing relocation expenses, resettlement funds, and director expenses.

In this regard, the defendant asserts that the transfer cost and the transfer cost are specific rights on the commencement date of expropriation, and that the deceased F, the owner before the commencement date of expropriation, so the deceased F, the deceased F, did not obtain the right to claim the transfer cost, etc., and that even if the deceased F, it is impossible for the plaintiff to claim the transfer cost, etc., the transfer cost cannot be claimed.