beta
Text
1. The Defendant shall pay to the Plaintiff KRW 6,812,140 as well as 15% per annum from February 1, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. Outline of the rearrangement project - Project name: B project name (hereinafter referred to as “instant project”): Defendant - The location of the rearrangement zone: Seo-gu Seoul (hereinafter referred to as “instant rearrangement zone”) - The public inspection and publication date of the rearrangement plan: August 21, 2012 - the public announcement date of the authorization for project implementation: May 26, 2015.
From May 11, 2012, the Plaintiff leased KRW 208,000 as lease deposit money of KRW 20,000 among the Seo-gu Incheon metropolitan land buildings (hereinafter “instant building”) located in the instant improvement zone, and resided from May 14, 2012 to 208.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The instant building’s assertion is 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 Land, Infrastructure and Transport No. 272, Jan. 6, 2016; hereinafter “Enforcement Rule of the former Land Compensation Act”).
(2) Article 54(2) of the Enforcement Rule of the same Act provides that a tenant of the instant building who has resided in the instant building for at least three months as of the date of the public announcement of the public inspection of the instant project, and thus, the Defendant is obligated to pay the Plaintiff housing relocation expenses. (2) The Defendant’s assertion that the instant building constitutes an “unauthorized building, etc.” under Article 24 and the proviso of Article 54 of the same Enforcement Rule, rather than a “residential building” under the main sentence of Article 54(2) of the same Enforcement Rule, where a building that is not a residential purpose registered is arbitrarily changed into a residential purpose without due process, such as permission, reporting, etc.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The evidence before the facts of recognition and the evidence No. 7 are stated, and this Court.