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(영문) 서울행정법원 2017.08.17 2017구단54916
주거이전비 및 이사비 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 29, 2008, the head of Seongbuk-gu Seoul Metropolitan Government head of Seongbuk-gu Seoul Metropolitan Government announced Seongbuk-gu Seoul Metropolitan Government public announcement of the Seongbuk-gu Seoul Metropolitan Government D Ilbu 29,671 square meters (hereinafter referred to as “instant improvement zone”) to designate the E urban renewal acceleration district (extension district) and make public announcement and announcement of the urban renewal acceleration plan.

After that, on January 2, 2009, the rearrangement zone of this case determined and announced the promotion plan of E (Expansion) urban renewal acceleration in Seoul as the F Public Notice of Seoul on January 2, 2009, and the defendant implemented the housing redevelopment improvement project in the rearrangement zone of this case with the approval of establishment on April 27, 2010

On December 3, 2013, the defendant received the authorization to implement the project on December 3, 2013, and was notified on March 18, 2016 after receiving the authorization to implement the project.

B. On February 26, 2008, the Plaintiff leased 202 building G located in Seongbuk-gu in the instant improvement zone (hereinafter “instant house”) and made a move-in report on March 3, 2003.

The Plaintiff resided with his child H and I.

C. The Plaintiff sold real estate owned by the Plaintiff is the owner of Seongbuk-gu 303 J apartment houses on the ground in the instant rearrangement zone (hereinafter “instant building”).

On December 8, 2003, the Plaintiff completed the registration of ownership transfer on the instant building due to sale on November 5, 2008.

As a member of the defendant association, the plaintiff applied for parcelling-out from February 3, 2014 to April 23, 2014, the period for application for parcelling-out as a member of the defendant association.

After that, the Plaintiff sold the instant building to K, and completed the registration of ownership transfer on July 23, 2015 on the ground of sale around August 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion is that the Plaintiff resides in the instant housing in the rearrangement zone since three months before the date of the public inspection and announcement of the instant rearrangement zone.

The implementation of the public works will take place.

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