208Guide 44747 Relocation Expenses

○ ○

○○ Housing Redevelopment Project Association

April 9, 2009

April 23, 2009

1. The defendant shall pay to the plaintiff 11, 271, 732 won with 20% interest per annum from September 27, 2008 to the day of full payment.

2. The costs of lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The order is as set forth in the text.

1. Basic facts

A. The head of Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seongdong-gu") on January 4, 2006, for the Housing Redevelopment Project (hereinafter referred to as the "Housing Redevelopment Project" in this case) under the Act on the Improvement of Urban and Residential Environments (hereinafter referred to as the "Urban Improvement Act"), publicly announced for the residents' public inspection of the rearrangement zone on January 4, 2006, the head of Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seongdong-gu Office") designated and publicly announced for the designation of the rearrangement zone for the Housing Redevelopment Project (hereinafter referred to as the "Housing Redevelopment Project in this case"), and the Mayor of Seoul Metropolitan Government designated and publicly announced the project area in this case as the rearrangement zone for the implementation of the Project in this case by the Seoul Metropolitan Government Notification No. 2006-254 on July 20, 2006.

B. The Defendant was established for the purpose of implementing the instant project, and obtained authorization for the establishment from the head of Seongdong-gu Office on October 31, 2006, and applied for authorization for the implementation of the instant project to the head of Seongdong-gu. On July 5, 2007, the head of Seongdong-gu announced the authorization for the implementation of the instant project under Article 207-51 of the Seongdong-gu Seoul Metropolitan Government Public Notice on July 5, 2007.

C. On June 10, 2004, the Plaintiff leased 201 multi-household houses on the ground of Seongdong-gu Seoul Metropolitan Government, a residential building located within the instant business area, for lease deposit of KRW 45,00,00, and KRW 000, which is a residential building located within the instant business area. At the same time, the Plaintiff resided with OOO and Makin ○○, a birth, and moved to another place due to the implementation of the instant business.

D. The Defendant prepared a management and disposition plan concerning the instant project and applied for authorization to the head of Seongdong-gu. The head of Seongdong-gu approved and publicly notified the management and disposition plan concerning the instant project under Article 208-43 of the Seongdong-gu Seoul Metropolitan Government Public Notice on July 3, 2008.

[Ground of recognition] Gap evidence Nos. 1, Eul evidence Nos. 4 and 5, and the purport of the whole pleading

2. The plaintiff's assertion and judgment on this issue

A. Party’s assertion

(1) The plaintiff's assertion

Article 54(2) of the former Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Ordinance of the Ministry of Construction and Transportation No. 556 of Apr. 12, 2007; hereinafter referred to as the "Enforcement Rule prior to the amendment") provides that the tenant of a residential building that has not been entitled to move into a rental house among the tenants of the residential building that has been relocated due to the implementation of public works shall compensate for the cost of moving into a residential house for three-month based on the number of members of the household. On the other hand, Article 54(2) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Ordinance of the Ministry of Construction and Transportation No. 556 of Apr. 12, 2007; hereinafter referred to as the "Enforcement Rule after the amendment") provides that the tenant shall be entitled to move into a residential building due to the implementation of public works, regardless of whether the right to move into a rental house is granted

Article 4 of the Addenda (No. 556, Apr. 12, 2007; hereinafter referred to as the "the Addenda of this case") provides that a person shall compensate for the relocation expenses, and Article 4 of the Addenda of this case (hereinafter referred to as the "the Addenda of this case") shall be a public project after April 12, 2007, the enforcement date of the Enforcement Rule after the amendment.

Article 54 (2) of the Enforcement Rule after the amendment is made to the public announcement and notification of the compensation plan in accordance with Article 15 of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter referred to as the "Public Works Act").

The Plaintiff leased a house within the instant business area and resided together with ○○, ○○, and ○○○, and had the Plaintiff move to another place by obtaining a right to move into a rental house according to the implementation of the instant business.

Therefore, Article 54(2) of the Enforcement Rule after the amendment shall apply to the compensation for the housing relocation expenses under the instant project, unless the Defendant has publicly announced and notified the compensation plan under Article 15 of the Public Works Act prior to April 12, 2007 regarding the instant project. Thus, the Defendant is obliged to pay the Plaintiff the housing relocation expenses for the four-month period of the number of urban workers who live in the Gu, separate from the right to live in rental housing.

(2) The defendant's assertion

On January 11, 2007, the defendant announced the tenant of a residential building in the project area of this case on the requirements of the tenant for the cost of relocation of the residential building and the method of calculating the cost of relocation of the residential building. On January 12, 2007, the tenant individually notified the tenant of such contents. In addition, the defendant's property rights are paid in addition to the tenant's right to move of the residential building in addition to the tenant's right to move of the residential building in addition to the tenant's right to move of the residential building in the project area of this case.

Considering the fact that there is already been a trust that only one of the occupancy rights and residential relocation costs is recognized as compensation for tenants pursuant to the Enforcement Rule before the amendment, the Defendant’s announcement and notification of the residential relocation cost for tenants on January 11, 2007 and January 12, 2007 can be deemed as equivalent to the announcement and notification of the compensation plan under Article 4 of the Addenda of this case, and this is made before April 12, 2007. As such, Article 54(2) of the Enforcement Rule before the amendment should apply to the instant project.

Even if it is not so, Article 54(2) of the Enforcement Rule after the amendment provides that a person who is granted a right to move into a rental house shall additionally pay the cost of moving into a rental house even though there is no basis for delegation under the Act on Public Works and the Enforcement Decree of the Public Works Act, which is a superior law, and imposes excessive burden on social security funds to a partnership which is a private economic entity. Thus, Article 54(2) of the Enforcement Rule after the amendment of the project in this case cannot be applied.

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

(c) Facts of recognition;

(1) On January 11, 2007, pursuant to Article 30 subparag. 5 of the Urban Improvement Act and Article 18 of the Seoul Special Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments, the Defendant prepared a public announcement stating that “The receipt of an application for the cost of supplying rental housing and moving housing between January 17, 2007 and February 15, 2007 for the cost of moving rental housing shall be made to the bulletin board, etc. within the instant project area (hereinafter “instant public announcement”). The public announcement was written on Oct. 4, 2005, stating that the tenant who resides within the instant project area is entitled to compensation for the cost of moving rental housing and moving housing, and that he/she continued to reside within the instant project area as his/her non-resident, and that he/she shall apply for the cost of moving housing to non-resident housing and non-resident housing within his/her superior, and that he/she shall not be able to apply for the cost of moving housing to non-resident housing.”

(2) On January 12, 2007, the Defendant: (a) in accordance with Article 30 subparag. 5 of the Urban Improvement Act; and Article 18 of the Seoul Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments, etc. for the purpose of applying for authorization to implement the instant project; (b) in accordance with the following: (c) in receipt of an application for rental housing supply and relocation expenses between January 17, 2007 and February 15, 2007, the Defendant issued a notice of “the notification of the applicant for rental housing supply and relocation expenses”; and (d) in the document form, such as an application for the supply of rental housing; (c) written request for payment of housing relocation expenses; and (d) written confirmation of residence (the written confirmation form was that the tenant’s residence address, name of the owner of the house; and (e) the resident’s housing structure within the instant business zone were sent to the tenants; and (d) written notification and notification of the relocation of the housing; and (e) written notification.

(3) On February 12, 2007, the Plaintiff submitted to the Defendant an application for supply of rental housing to the effect that the Plaintiff wishes to supply the leased house as a housing tenant in the instant project area. At that time, the application stated that the Plaintiff would be supplied with rental housing without receiving the housing relocation cost.

[Ground of recognition] Gap evidence 3, Eul evidence 2-1 and 3-1 of evidence 2-1 and the purport of the body before oral argument

D. Determination

(1) Whether Article 54(2) of the Enforcement Rule applies after the amendment of the instant project

According to Article 38 and the main sentence of Article 40(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, where necessary to implement a rearrangement project in an improvement zone, the implementer of the rearrangement project may expropriate or use land, goods, or other rights under Article 3 of the Public Works Act, and Article 2 and Article 78 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions shall apply mutatis mutandis to the expropriation or use of land or buildings for the implementation of a rearrangement project in an improvement zone, and Article 54(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall have the right to receive compensation for expenses incurred in the relocation of residence (see Supreme Court Decision 2007Da8129, May 29, 2008). Article 2 and 78 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall apply mutatis mutandis to the Act on the Maintenance and Improvement of Do.

In light of the fact that there is no provision under the premise that the housing redevelopment project is excluded, Article 78 (5) of the Act on the Improvement of Urban Areas and Article 54 (2) of the Enforcement Rule of the Public Works Act shall apply mutatis mutandis to the tenants of residential buildings who move due to the implementation of the housing redevelopment project under the Act on the Improvement of Urban Areas.

Meanwhile, Article 4 of the Addenda of the instant case provides that Article 54(2) of the Public Works Act shall apply after the enforcement date of the Enforcement Rule after the amendment (including the case of application mutatis mutandis by Article 26(1) of the Public Interest Projects Act; hereinafter the same shall apply) shall apply to the project from which landowners and persons concerned are notified of the compensation plan after the amendment, and Article 54(2) of the Enforcement Rule shall apply to the compensation for housing relocation expenses to the tenants of residential buildings, in light of the language and purport thereof, the public announcement and notification of the compensation plan under Article 15 of the Public Works Act shall apply to a project already made before April 12, 2007, the enforcement date of the Enforcement Rule after the amendment, and Article 54(2) of the former Enforcement Rule shall apply to the owners of the non-public interest projects, and the relevant persons shall be interpreted to apply Article 54(2) of the former Enforcement Rule after the amendment to the public interest project, the implementer of the public interest project shall individually investigate the location and goods of the land and the relevant persons concerned, and, etc.

Afterwards, consultation with the owner and interested parties regarding compensation should be conducted through a series of procedures for the implementation of the project under Article 15 of the Addenda of this case. The public announcement and notification of the compensation plan under Article 15 of the Addenda of this case cannot be deemed to have any other meaning than the public announcement and notification of the above series of procedures. Rather, Article 4 of the Addenda of this case is to recognize that the new provision of the former Enforcement Rule of the Act regarding individual compensation standards, such as relocation expenses, is different depending on individual compensation regulations after the revision and enforcement of the 4th new provision of the 5th new provision of the 5th new provision of the 4th new provision of the 4th new public rental housing project, and to ensure the progress of the 5th new provision of the 5th public rental housing project, it is difficult to find that the 1th public announcement and notification of the 5th public rental housing project plan were made by the tenant of this case and the 2th public announcement of the 5th public rental housing project plan for the purpose of the 2nd public announcement.

(2) Whether Article 54(2) of the Enforcement Rule is illegal after the amendment

Article 78(5) of the Public Works Act provides that a resident of a residential building shall be compensated for expenses incurred in moving his/her residence. Since Article 54(2) of the Enforcement Rule of the Public Works Act is a provision on the requirements for and methods of compensating the tenant for expenses incurred in moving his/her residence among the residents of a residential building, it can be viewed that the above provision is based on Article 78(5) of the Act on Public Works as a mother corporation, and it is clear and clear that matters concerning the compensation for moving residence expenses are specified within the scope prescribed by the provision. Thus, the granting of a tenant of a residential building a right to move to a rental house within the period of Article 50(3) of the Act on Urban Improvement, Article 54(2) of the Enforcement Decree of the Act on Urban Improvement, Article 32 of the Seoul Special Metropolitan City and Residential Environment Improvement Ordinance, and Article 54(2) of the Enforcement Rule of the Public Works Act provides that the tenant's right to move to a residential building is different from the legal basis for the compensation for moving expenses.

(3) The amount of the cost of moving the dwelling.

On July 5, 2007, the date of the authorization to implement the instant project, the monthly average household expenses (the first quarter of March 2007) for three household workers in the Gu, 2,817, and 933, which were the date of the public announcement of the authorization to implement the instant project, are significant in this court. As such, the Defendant’s relocation expenses to be paid to the Plaintiff are 11,271,732 won (2, 817, 933 won x 4 months).

(4) Sub-decisions

The defendant is obligated to pay to the plaintiff 11, 271, 732 won and damages for delay at the rate of 20% per annum from September 27, 2008 to the day of full payment, which is the day following the delivery of the complaint.

3. Conclusion

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

One judge of the presiding judge;

Judges Full completion

Judges Cho Jong-chul

Related Acts and subordinate statutes

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785 of Dec. 21, 2007)

Article 30 (Formulation of Project Implementation Plans)

Any project operator shall prepare a written project implementation plan including the matters falling under each of the following subparagraphs under the rearrangement plan publicly notified under Article 4 (3): Provided, That where a project operator intends to prepare the written project implementation plan for the urban environment rearrangement project (excluding the project which includes the housing in the existing building) , the contents of subparagraphs 3 through 5 may be omitted:

5. Plans to build rental housing;

Article 38 (Expropriation or Use of Land, etc.)

If necessary for implementing a rearrangement project (limited to a project falling under Article 8 (4) 1 in cases of a housing reconstruction project; hereafter the same shall apply in this Article) in a rearrangement zone, the project implementer may expropriate or use the land, goods, or other rights referred to in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

Article 40 (Application Mutatis Mutandis of Act on Acquisition of and Compensation for Land, etc. for Public Works Projects)

(1) Except as otherwise expressly provided for in this Act, the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall apply mutatis mutandis to the expropriation or use of the ownership and other rights of the land or buildings for implementing a rearrangement project in an improvement zone.

(2) In applying mutatis mutandis the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor under paragraph (1), if there is a public notice by the project executor (where the head of a Si/Gun directly implements a rearrangement project, referring to a public notice in a project implementation plan under Article 28 (3); hereafter the same shall apply in this Article), the project approval and the public notice thereof under Articles 20 (1) and 22 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall be deemed to have been made.

Article 50 (Supply, etc. of Housing)

(3) Notwithstanding the provisions of Articles 14 and 15 of the Rental Housing Act, a project implementer may separately determine the qualifications for, methods of selecting tenants, security deposits, rents, etc., and the standards for preferential sale to homeless households, within the extent prescribed by Presidential Decree, by obtaining approval from the head of a Si/Gun within the extent prescribed by Presidential Decree: Provided, That the qualifications, etc. of lessees of reconstruction rental houses shall be separately determined by the acquirer within the extent prescribed by Presidential Decree.

Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Presidential Decree No. 21171, Dec. 17, 2008)

Article 54 (Supply, etc. of Housing)

(2) In cases of constructing rental houses under the provisions of the main sentence of Article 50 (3) of the Act, the criteria for the conditions of lease, such as qualifications, methods of selecting tenants, rent increase, rent, etc., and the criteria for preferential sale and conversion to homeless households, etc. may be separately determined by the project implementer with the approval of the head of a Si/Gun within the extent prescribed in attached Table 3.

Seoul Metropolitan Government Ordinance on the Improvement of Urban and Residential Environments (amended by Ordinance No. 4686 of September 30, 2008)

Article 18 (Building Plans for Rental Housing)

(1) A project operator shall include a plan for securing a site of rental housing and for creating a site in a plan for building rental housing under subparagraph 5 of Article 30 of the Act, and apply for authorization for project implementation by attaching a list of beneficiaries of rental housing.

Article 32 (Persons, etc. Eligible for Supply of Rental Housing for Housing Redevelopment Projects)

(1) "Persons prescribed by City/Do Ordinance" in subparagraph 2 (a) (iv) of attached Table 3 related to Article 54 (2) of the Decree means persons falling under any of the following subparagraphs:

1. A tenant who resides in the relevant improvement zone and has no house residing in the relevant improvement zone for the period from three months before the date of public inspection and announcement for the designation of the improvement zone under Article 11 of the Decree (referring to the date of public inspection and announcement for conversion in cases of conversion of the implementation method) on the basis of the date of his/her resident registration card for each household, until the date of relocation due to the authorization for the implementation of the project: Provided, That

Act on Acquisition of and Compensation for Land, etc. for Public Works Projects

Article 14 (Preparation of Protocol of Land and Goods)

(1) When any project operator needs to acquire or use the land, etc. through consultation before project approval is granted under Article 20 to implement the public works, he/she shall prepare a land and goods protocol, sign or seal it, and have landowners and persons concerned sign or seal it: Provided, That the same shall not apply where he/she is unable to sign or seal it on the grounds that landowners and persons concerned refuse to sign or seal it without any justifiable grounds, or it is impossible to identify landowners and persons concerned, or his/her address is unknown, etc., and the project operator shall enter the relevant land and water building

(2) Necessary matters concerning descriptions and preparation of land and goods protocols, such as the location of land and goods, landowners and persons concerned, shall be prescribed by Presidential Decree.

Article 15 (Perusal, etc. of Indemnity Plans)

(1) When a project operator prepares a land and goods protocol pursuant to Article 14, he/she shall publicly announce a compensation plan stating the outline of the public works, the details of the land and goods protocol, the timing, methods, procedures, etc. for compensation therefor throughout the country in a daily newspaper, and notify landowners and persons concerned thereof, respectively, and also notify the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu, except for the project operator who requests perusal pursuant to the proviso to paragraph (2): Provided, That where there are not more than 20 soil owners and persons concerned, such publication may be omitted.

(2) When a project operator makes a public announcement or notification under paragraph (1), he/she shall make the details thereof available to the general public for inspection for at least 14 days: Provided, That where a project area extends over at least two Sis/Guns/Gus or is not an administrative agency, the project operator shall send a copy thereof to the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun/Gu for inspection.

(3) Any landowner or person concerned who is dissatisfied with the details of the protocols of land and goods which have been published or notified under paragraph (1), may raise an objection in writing to the project operator within the perusal period under paragraph (2).

(4) The project operator shall make an additional note of an objection raised under paragraph (3) in the relevant protocols of land and goods, and take appropriate measures when he/she deems that such objection is wellgrounded.

Article 16 (Consultation)

A project operator shall faithfully consult with landowners and persons concerned about compensation for land, etc., and matters necessary for consultation, such as procedures and methods for such consultation, shall be prescribed by Presidential Decree.

Article 17 (Conclusion of Contracts)

Any project operator shall, when the consultations under Article 16 have reached an agreement, conclude a contract with the landowner and person concerned.

Article 26 (Application Mutatis Mutandis of Procedures for Consultation, etc.)

(1) Any project operator who has obtained the project approval under Article 20 shall go through such procedures as the preparation of protocols of land and goods, the progress, notification and perusal of an indemnity plan, the computation of indemnity amount, and the consultation with the landowner and person concerned. In such cases, the provisions of Articles 14 through 16 and 68 shall apply mutatis mutandis.

(2) When the protocols of land and goods remain unchanged for the project subjected to the project approval under Article 20, since no agreement has been reached even though it had gone through the procedures under Articles 14 through 16 and 68 prior to the project approval, it may not go through the procedures under Articles 14 through 16, notwithstanding the provisions of paragraph (1): Provided, That when the project operator, landowner or person concerned demands the consultation under Article 16, it shall be narrow.

Article 78 (Formulation, etc. of Relocation Measures)

(5) For a resident in a residential building, expenses incurred in relocating the residence and in transporting movable property, such as household effects, shall be calculated and compensated.

Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Ordinance of the Ministry of Construction and Transportation No. 126 on April 12, 2007)

Article 54 (Compensation for Relocation Expenses)

(2) For a tenant of a residential building that comes to move due to the implementation of a public works project and who has been in Korea for at least three months at the time the public works are publicly announced under the relevant Acts and subordinate statutes for the public works at the time the project approval is publicly announced, etc., a compensation for relocation expenses shall be made for four months depending on the number of his/her household members: Provided, That for a tenant who moved into an unauthorized building, etc. at the time the project approval is publicly announced under the relevant Acts and subordinate statutes for the public works or the public works is publicly announced under the relevant Acts and subordinate statutes,

(3) The housing relocation expenses referred to in paragraphs (1) and (2) shall be calculated based on the monthly average household expenditure expenses for urban workers by the number of household members in the Gu, which are surveyed and announced by statistics service agencies referred to in subparagraph 4 of Article 3 of the Statistics Act. In such cases, where the number of household members is only one, the average per capita expenditure expenses shall be calculated based on the monthly average household expenditure expenses for the two persons, less than six persons, and where the number of household members is six, the average household expenditure expenses for the six persons or more, and where the number of household members is 7 persons or more, the amount shall be calculated by multiplying the monthly average household expenditure expenses for the six persons or more by the amount calculated by the following formula:

Average expenses per person = (average monthly average household expenses of urban workers who are at least six persons - average monthly household expenses of urban workers who are at least two persons : 4:

Addenda (No. 556, April 12, 2007)

Article 1 (Enforcement Date)

These Rules shall enter into force on the date of their promulgation.

Article 4 (Application Examples to Criteria for Payment of Compensation)

The amended provisions of Articles 42(1)4, 44(5), 45, 46, 47, 49, 50, 52, 54(2), 54(3), 55(1), 56, 58, 63, 64, and 65 shall apply from the date these Rules enter into force to the part of notification of a compensation plan to landowners and relevant persons.

Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Ordinance of the Ministry of Construction and Transportation No. 126 of April 12, 2007)

Article 54 (Compensation for Relocation Expenses)

(2) Where a tenant of a residential building that comes to move due to the implementation of a public project and has been publicly notified under the relevant Acts and subordinate statutes for public works at the time the project approval is publicly notified, etc. under the relevant Acts and subordinate statutes for public works, he/she shall compensate him/her for the relocation expenses for three months or longer according to the number of his/her household members: Provided, That the same shall not apply to tenants who have been entitled to move into a residential building due to