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(영문) 서울행정법원 2016.11.16 2016구단17033

주거이전비 등

Text

1. The Defendant’s KRW 830,280 as well as its annual rate from April 30, 2015 to November 16, 2016 to the Plaintiff.

Reasons

Basic Facts

On June 14, 2007, the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seongbuk-gu") publicly announced the residents' public inspection to designate Seongbuk-gu Seoul Metropolitan Government Seoul (hereinafter referred to as the "instant improvement zone") as the redevelopment zone B (hereinafter referred to as the "public inspection announcement of this case") and the head of Seongbuk-gu Seoul Metropolitan Government publicly announced the improvement zone as D public notification of Seoul Metropolitan Government on April 3, 2008.

On July 30, 2008, the Defendant obtained authorization for the establishment of a housing redevelopment project from the head of Seongbuk-gu Office on July 22, 2009, and implemented a housing redevelopment project (hereinafter “instant rearrangement project”).

On April 3, 2007, the Plaintiff leased two floors among the second floor housing in Seongbuk-gu Seoul, Seoul, a residential building located in the instant improvement zone, and filed a move-in report on May 15, 2007. On May 15, 2007, the Plaintiff was a director after the project implementation authorization was granted while residing in the said housing zone with children G and H, and filed a claim for the Defendant for relocation expenses and directors expenses.

[Ground of recognition] The plaintiff's assertion of the purport of Gap's evidence Nos. 1 through 4 (including a branch number) and the purport of the whole pleadings is that the plaintiff resided in a residential building located in the rearrangement zone of this case before the date of the public inspection and the implementation of the rearrangement project of this case. Thus, the defendant is obligated to pay the plaintiff the relocation cost of 12,290,946 and the relocation cost of 830,280 won to the plaintiff.

Judgment

1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall apply to the determination on the claim for the relocation expenses

Article 40(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”)

According to Article 78(5) and (9) of this Act and Article 54(2) of the Enforcement Rule of the Land Compensation Act, a tenant of a residential building to be relocated due to the implementation of a housing redevelopment improvement project shall be subject to the relevant Acts and subordinate statutes at the time of the public announcement of the