beta
(영문) 수원지방법원 2019.01.23 2018구단9075

주거이전비등

Text

1. The Defendant’s KRW 4,984,353 as well as the Plaintiff’s KRW 5% per annum from October 25, 2018 to January 23, 2019.

Reasons

1. Facts of recognition;

A. 1) Project name: B Housing redevelopment and rearrangement project (hereinafter “instant project”)

(2) The location and area of the rearrangement zone: The location and area of the rearrangement zone shall be 185,269,30 square meters (hereinafter “instant rearrangement zone”) in Ansan-si (hereinafter “instant rearrangement zone”) and the residents’ public inspection and announcement for the formulation of the rearrangement zone and the designation of the rearrangement zone (hereinafter “public inspection and announcement in this case”).

(iv) Date: Public notice of authorization for project implementation on April 15, 2010: Defendant

B. During the period of Ansan-si on December 29, 1995, the Plaintiff acquired the ownership of the underground floor F heading (72.99 square meters; hereinafter “the instant building”) among the housing E (the land floor of 82.59 square meters, the 119.82 square meters, the 2,3, and the 116.82 square meters, each of 116.82 square meters), and filed a move-in report on the resident registration of the instant building on March 2, 2006.

C. On May 15, 2017, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation on June 29, 2017 with respect to the instant building (hereinafter “instant adjudication of expropriation”) on the commencement date of expropriation (hereinafter “instant adjudication of expropriation”).

The plaintiff is eligible for cash settlement because he did not apply for parcelling-out within the period of application for parcelling-out as to the building of this case located within the rearrangement project zone of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1, 3, 5, 11, and Eul evidence Nos. 1 through 5, the purport of the whole pleadings

2. Relevant legal principles

A. According to Article 78(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), which applies mutatis mutandis to the implementation of a rearrangement project pursuant to the main sentence of Article 65(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), a project operator shall either establish and implement relocation measures or pay resettlement allowances, as prescribed by Presidential Decree, for persons who lose their base of livelihood due to the provision of residential buildings due to the implementation of public works.