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(영문) 수원지방법원 2018.06.01 2017구단9191
주거이전비등
Text

1. The Defendant: 17,51,455 won to Plaintiff A; 19,619,757 won to Plaintiff B; 21,408,449 won to Plaintiff C; and 14,690 won to Plaintiff D.

Reasons

1. (i) On July 23, 2009, the Ansan market announced the designation of the rearrangement zone and the improvement plan for the resident inspection of the resident inspection of the improvement zone with respect to the G Housing Redevelopment Improvement Project (hereinafter “instant improvement project”).

on September 22, 2015, the Dollyang City announced the project implementation authorization (I public notice in both cases) with respect to the instant rearrangement project as follows:

The location and area of the rearrangement zone: A project implementer of Ansan-si JJ 133,418.30 square meters: the plaintiffs were residing in the housing owned by each of the above residents in the rearrangement project zone before the date of the public inspection of the residents, and the plaintiffs were subject to cash settlement because they did not apply for parcelling-out while residing in the housing owned by each of the above residents within the rearrangement project zone, and the decision of expropriation was issued on July 31, 2017, and even until September 14, 2017, the date of expropriation was continuously residing in the housing owned by the plaintiffs.

[Judgment of the court below] The ground for recognition is without merit, Gap 1 through 5 (including additional number), the purport of the whole pleadings

2. Determination (i) According to Article 78(1), (5), and (9) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects as applied 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); Article 41 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects; Articles 53(2), 54(1), (3), and 55(2) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the resettlement settlement money to be paid by a project implementer to a person who is deprived of his/her base of livelihood as a result of the provision of a residential building due to the implementation of a rearrangement project shall be calculated as KRW 6 million, if the amount exceeds KRW 12 million,000,000,000; and

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