주거이전비등 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for this part of the underlying facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. The parties' assertion and judgment
A. The plaintiff asserts that the plaintiff is obligated to pay to the plaintiff the amount of KRW 15 million for relocation expenses equivalent to four months for monthly average household expenses for five persons under the name of the household, and the amount of delay damages for the housing relocation expenses, pursuant to Article 78(5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”) and Article 54(2) of the Enforcement Rule of the same Act, since the plaintiff already leased the housing of this case at the time of the public announcement date of the designation of the rearrangement zone, which is the date of the public announcement of the designation of the person eligible for compensation for the housing relocation expenses, and he/she continuously resided with four families.
On the other hand, the defendant asserts that the lease contract between the plaintiff's wife and G, who is the owner of the housing of this case, is genuine, and that the lease contract between relatives is concluded, and there is no clear evidence of payment of the corresponding lease deposit, and thus, it cannot be viewed as a genuine lessee. Therefore, it cannot be the subject of payment of the cost of moving the residence under the Public Works Act.
B. It is as stated in the attached Form of the relevant statutes.
C. Article 54(2) of the Enforcement Rule of the Public Works Act provides that a “user” of a residential building that is relocated due to the implementation of a public work project and has been published at the time of the public project approval or the public notice under the relevant Acts and subordinate statutes for the public project is given, the relocation cost for a period of four months depending on the number of members of the household.