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(영문) 서울행정법원 2017.01.18 2016구단51286
주거이전비등
Text

1. The Defendant’s KRW 16,414,755 as well as 5% per annum from December 1, 2015 to February 18, 2016 to the Plaintiff.

Reasons

Basic Facts

The summary of the rearrangement project - The name of the project: B house redevelopment and rearrangement project (hereinafter referred to as “instant rearrangement project”): The defendant - the location and size of the rearrangement zone: the location of the defendant - the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government 32,245.80 square meters (hereinafter referred to as “instant rearrangement zone”): The public announcement date of the authorization for project implementation on March 27, 2006: the public announcement date of the Seongbuk-gu Seoul Metropolitan Government public announcement on May 9, 2008 - the date of the adjudication of expropriation: the Plaintiff’s husband’s husband’s net E (hereinafter referred to as “the deceased”) on September 3, 1969 when residing in the Seongbuk-gu Seoul Metropolitan Government, which is located in the rearrangement zone, was newly constructed on December 3, 1976 (hereinafter referred to as “instant housing”) and died on March 14, 2012.

【In the absence of dispute, the Plaintiff’s assertion that the Plaintiff, prior to the date of public inspection and announcement, had been her husband, and resided outside the instant rearrangement zone on February 10, 2007. However, on February 19, 2008, the deceased transferred to the said house, and continued to reside in the said house after the death of the deceased, while continuing to reside in the said house after the death of the deceased, the Plaintiff transferred to the outside of the instant rearrangement zone after the date of the adjudication on expropriation of the said house ( July 19, 2013) due to the implementation of the instant rearrangement project.

Therefore, pursuant to Article 40(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and Articles 53, 54, and 55 of the Enforcement Rule of the same Act, the Defendant, who inherited the deceased’s status, is obligated to pay resettlement funds, housing relocation expenses, and director expenses, as stated in the purport of the claim.

Judgment

1) Article 78(1) of the Land Compensation Act provides that resettlement funds, housing relocation expenses, and time when a claim for relocation expenses occurs.

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