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(영문) 서울고등법원 2015.06.18 2014누66306

주거이전비등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The defendant of the claim shall make the plaintiff 12,100.

Reasons

1. Facts of recognition;

A. The establishment of a rearrangement plan and the public announcement on January 21, 2008 1) the Sungnam City Mayor around January 2008 (hereinafter “Urban Improvement Act”) shall be the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) Pursuant to Article 4(1) of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Sungnam City publicly announced that the said improvement plan may be available for public perusal by residents pursuant to Article 4(1) of the Act on January 21, 2008 and Article 11 of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

3) On September 3, 2006, the Plaintiff leased part of the housing of 2nd E in Sung-nam-gu, Sungnam-si, which is included in the above 203,593 square meters, and resided alone from September 11, 2006 to June 2, 2008. On June 2, 2008, the Plaintiff leased the apartment house of 47.44 square meters on the ground of 2nd floor in Sung-nam-si, Sungnam-si, the 203,593 square meters and was residing alone from June 3, 2008 to the date of closing the argument of this case. (b) On November 26, 2008 and November 23, 2009, the Sungnam-nam market designated the improvement zone as the improvement zone pursuant to Article 4(2) and Article 26(3)6(4) of the Urban Improvement Act and publicly notified.

2) On November 27, 2008, the Sungnam market designated and publicly announced the Defendant as an implementer of a housing redevelopment project implemented on the said 203,593 square meters of land in accordance with Article 8(4) and (5) of the Urban Improvement Act. 3) On November 23, 2009, the Sungnam market designated and publicly announced the alteration of the total area of L workers’ land, including the changed land in Sungnam-si and the changed land in accordance with Article 4(2) and (6) of the Urban Improvement Act.

C. On December 4, 2009, the Seongbuknam Market approved the implementation of the housing redevelopment project implemented by the Defendant in the instant project zone (hereinafter “instant housing redevelopment project”) under Article 28(1) and (4) of the Urban Improvement Act on December 4, 2009.