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1. The Defendant’s KRW 414,066 as well as the Plaintiff’s annual rate from August 14, 2015 to October 23, 2015, and the next day.
Reasons
1. Basic facts
A. On June 7, 2007, the head of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “the head of Dongdaemun-gu”) made a public announcement of the proposed urban renewal acceleration plan (e.g., the urban renewal acceleration plan) with the content of designating the CD large 1,014,313 square meters as an urban renewal acceleration district.
B. The Mayor of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant improvement zone”) designated the Seoul Dongdaemun-gu Seoul Metropolitan Government 43,329 square meters as a housing redevelopment project improvement zone.
C. The Defendant obtained authorization to establish an association from the head of Dongdaemun-gu on September 17, 2008, and implemented the housing redevelopment project (hereinafter “instant rearrangement project”) after obtaining authorization to implement the project on September 5, 2013.
On September 29, 2008, the Plaintiff leased 15 square meters of the ground floor of Dongdaemun-gu Seoul Metropolitan Government G ground in the instant improvement zone from H and resided from October 15, 2008.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 4, and 5, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is the tenant who resided in the residential building located in the instant rearrangement zone before the date of authorization to implement the instant rearrangement project, and due to the implementation of the instant rearrangement project, and thus, the Defendant is obligated to pay the Plaintiff KRW 6,226,980 for relocation expenses and KRW 510,970 for relocation expenses.
B. The Defendant’s assertion is that since the Plaintiff moved into the instant rearrangement zone after June 7, 2007, which was the date of public inspection and announcement of the instant rearrangement project, it does not constitute the subject of payment of housing relocation expenses.
3. Determination
A. According to Article 40(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 78(5) and (9) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”), and Article 54(2) of the Enforcement Rule of the same Act, the tenant of a residential building to be relocated due to the implementation of a housing redevelopment improvement project is at the time of public announcement of project implementation authorization.