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(영문) 부산지방법원 2021.03.26 2020구합23743
주거이전비등
Text

1. The Defendant’s KRW 19,211,55 to the Plaintiff and its related KRW 5% per annum from September 4, 2020 to March 26, 2021.

Reasons

1. Basic facts

A. The Defendant is a cooperative that implements a housing redevelopment and improvement project (hereinafter in this case’s improvement project) within 126,834.1m2 (hereinafter in this case’s improvement zone) in Busan Jin-gu, Busan. The Plaintiff owned the pertinent improvement zone D 115.7m2 and obstacles within the Busan Jin-gu, Busan, and became subject to cash liquidation due to the Plaintiff’s failure to apply for parcelling-out to the Defendant.

(b) Outline 1 of the rearrangement project: The public announcement date of the approval for the implementation of the rearrangement project under Section B (2) is made on March 23, 2005: The public announcement date of the approval for the implementation of the rearrangement project under Section B (3): October 18, 2006: the date of the public announcement of the approval for the implementation of the rearrangement project under Section B (4): April 6, 2018: the date of the adjudication for expropriation of the expropriation committee for the local land expropriation committee of Busan Metropolitan City: October 28, 2019 [based for recognition]; the absence of dispute; the entry under Sections 1 and 3; the written evidence under Section B (1); and the purport of the whole pleadings;

2. The assertion and judgment

A. The parties' assertion that the plaintiff is the owner and resident of a residential building located within the rearrangement zone of this case and has moved out of the rearrangement zone of this case. Thus, the defendant asserts that the plaintiff should pay to the plaintiff the total of KRW 20,019,000,000, including the housing relocation cost of 6,457,786 won and the housing relocation cost of 1,561,221 won and the settlement money of 12,00,000 won calculated on the basis of the commencement date of expropriation.

In this regard, the defendant asserts that the base date for the calculation of the cost of moving a house, the cost of moving a house, and the settlement money should be the approval date for the implementation of the project.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c)

Judgment

1) Article 78(5) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) that applies mutatis mutandis to the implementation of a rearrangement project pursuant to Article 40(1) of the Act on the Acquisition of and Compensation for Land, etc. for Residential Relocation Expenses and Residential Environment Rearrangement (hereinafter “Act”) is movable property, such as expenses incurred in moving a house to a resident of a main building and household effects.

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