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(영문) 수원지방법원 2019.03.20 2018구단8997
손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 24, 2008, the Suwon City announced a public announcement of the designation of the rearrangement zone and the improvement plan for the public inspection of residents (hereinafter “instant public announcement”) with respect to the C Housing Redevelopment Improvement Project (hereinafter “instant rearrangement Project”).

B. On December 11, 2015, the Suwon City announced the project implementation authorization as follows with respect to the instant rearrangement project.

The location and area of a rearrangement zone: A project operator who is a project operator of 171,652m2 in Suwon-gu, Suwon-si: the defendant

C. The Defendant is an association established to promote the instant rearrangement project, and the Plaintiff is the instant house from November 24, 2016 to the Suwon City E apartment.F. located within the instant rearrangement project zone.

A) On June 16, 2018, after the instant rearrangement project was implemented, the Plaintiff leased and resided, and the Plaintiff relocated to Suwon-gu G apartment and H outside the rearrangement project zone. The purport of the entire pleadings is as follows: (a) the fact that there is no dispute over the grounds for recognition; (b) the evidence No. 1-2, 2, 2, 3, 4; and (c) the evidence Nos. 1 and 2-2; and (d) the purport of the entire pleadings.

2. Determination

A. The Plaintiff’s assertion was that the Plaintiff resided as the tenant of the instant housing located within the instant rearrangement project zone and moved to the same due to the implementation of the instant rearrangement project, and thus, the Defendant is obligated to pay to the Plaintiff the Plaintiff the expenses for directors under Article 78(5) and (9) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), Article 55(2) of the Enforcement Rule of the Land Compensation Act, as well as the delayed payment thereof, which is applicable mutatis mutandis pursuant to Article 40(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

B. As indicated in the relevant statutes and relevant legal principles 1). 2) The date of determining a person eligible for compensation and the time of determining the compensation details (see, e.g., Supreme Court Decision 2015Du41913, Oct. 26, 2017) are applied mutatis mutandis pursuant to Article 40(1) of the former Act.

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