beta
(영문) 부산지방법원 2019.01.17 2018구합1238

주거이전비

Text

1. The Defendant’s KRW 18,632,479 for the Plaintiff and KRW 5% per annum from August 17, 2018 to January 17, 2019.

Reasons

1. Basic facts

(a) Outline of the rearrangement project - Project name: B housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Defendant - Project site: Defendant - Project site: 209,014 square meters (hereinafter referred to as “instant project area”) of Dong-gu, Busan (hereinafter referred to as “instant project area”) - Date of public inspection and announcement of the improvement plan: July 25, 2005: Approval for project implementation on May 19, 2010 (Public Notification D of Dong-gu, Busan Metropolitan City)

B. The Plaintiff is the owner of a residential building within the instant business area as indicated below (hereinafter “instant building”).

The area of residential building address in Busan Dongdong-gu, Busan Metropolitan City E [F] 75.18 square meters [based on recognition], the entry of Eul evidence 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff owned a residential building within the instant project area and lost its base of livelihood due to the instant project. The Defendant is the Plaintiff’s Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”)

(2) In order to be paid with resettlement funds, relocation funds, and relocation funds for the Defendant’s assertion, relocation funds for housing, and relocation expenses for directors (movables), the Plaintiff is obliged to continue to reside in a residential building from the date of public announcement of the public announcement of the improvement plan to the date of adjudication of expropriation. The Plaintiff failed to meet the above requirements.

Moreover, on June 8, 2018, the Defendant paid the Plaintiff KRW 20 million for resettlement compensation, housing relocation expenses, and directors’ expenses, in addition to the amount of the adjudication to be accepted, and received a written request for settlement agreement (compensation, relocation) from the Plaintiff and a written request for settlement implementation from the Plaintiff.

Therefore, the defendant does not have any obligation to pay resettlement funds, housing relocation expenses, and directors' expenses to the plaintiff.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c)a claim for the resettlement subsidy.