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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The plaintiffs alleged that they resided in Eunpyeong-gu Seoul Metropolitan Government No. D, 203, and ESD 401, and each of the above real estate was included in the CHousing Redevelopment Improvement Project Zone, and sought reimbursement of directors' expenses against the defendant.
2. Determination
A. The plaintiffs do not clearly state to the defendant the legal grounds for claiming the payment of directors' expenses equivalent to the amount stated in the claims. Thus, we first examine whether the plaintiffs are eligible for the payment of directors' expenses under the law.
Article 78(5) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) provides that “A resident of a residential building shall be compensated by calculating expenses incurred in moving his/her residence and expenses incurred in transporting movable property, such as household effects, etc., and accordingly, Article 55(2) of the Enforcement Rule of the Public Works Act provides that “Where a resident of a residential building to be incorporated in a zone where public works are performed intends to have a director outside such zone, he/she shall compensate for the director expenses (referring to expenses incurred in transporting movable property, such as household effects, etc.; hereinafter the same shall apply) calculated in accordance with the standards prescribed in attached Table 4.”
However, the "land owners, etc." who participated in the rearrangement project by applying for parcelling-out with consent to the rearrangement project in the urban environment rearrangement project shall be deemed to have the status corresponding to the project implementer, where there is a difference between the price of the land or building previously owned and the price of the land or building sold in lots, instead of providing one's own land or building for the rearrangement project.
Therefore, the owner of such land does not have the right to claim the director's expenses as provided in the above statutes.