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(영문) 서울행정법원 2016.08.26 2016구단53596
주거이전비
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Outline of the rearrangement project - Project name: G Housing redevelopment and rearrangement project - Project implementer: Defendant - One at the location and size of the rearrangement zone (hereinafter referred to as “instant rearrangement zone”): The public inspection and announcement date of the rearrangement plan: July 30, 2009 - the project implementation authorization date: February 23, 2012.

The plaintiffs filed an application for parcelling-out to the defendant as the owner of the land and building in the rearrangement zone of this case, and the defendant granted the right to sell newly-built apartment units to the representative partner B on the application for parcelling-out by plaintiffs 2 B and 3 C, but the rest of the plaintiffs were classified

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. Article 78(5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the determination of claims filed by Plaintiffs 2 and 3 provides that “A resident of a residential building shall pay compensation by calculating expenses incurred in moving his/her residence and expenses incurred in transporting movable property, such as household effects, and accordingly, the main text of Article 54(1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects provides that “When compensating the owner of a residential building incorporated into a zone where public works are performed, he/she shall compensate the owner of a residential building for relocation expenses for two months according to the number of his/her household members when compensating for the building.”

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 the difference between the price of land or buildings previously owned and the price of land or buildings sold in lots, instead of providing one's own land or buildings for the rearrangement project.

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