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(영문) 서울행정법원 2017.10.26 2017구단62252
주거이전비등
Text

1. The Defendant shall pay to the Plaintiff KRW 6,035,528 and the interest rate of KRW 15% per annum from June 23, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On March 30, 2006, the head of Mapo-gu Seoul Metropolitan Government publicly announced on March 30, 2006, the head of Mapo-gu Seoul Metropolitan Government publicly announced on the public perusal and announcement of the improvement plan for the designation of the B Urban Environment Improvement Zone in Mapo-gu

The Defendant obtained approval for the establishment of the above rearrangement zone (hereinafter referred to as “instant rearrangement zone”) and implemented an urban environment rearrangement project (hereinafter referred to as “instant project”) in the above rearrangement zone.

On July 26, 2012, there was a public announcement of project implementation authorization for the project in this case, and on July 9, 2015, there was a public announcement of the administrative disposition plan.

B. The Plaintiff’s residential situation: (a) leased one underground floor of Mapo-gu Seoul Metropolitan Government F Ground Building (hereinafter “instant building”) that was owned by E in the instant rearrangement zone and resided in G; (b) changed the ownership of G; and (c) leased the first floor on the same building and resided again; and (d) applied for the payment of housing relocation expenses to the Defendant.

The Plaintiff made a move-in report on April 18, 2006 on the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 to 6, the purport of the whole pleadings

2. Determination:

A. The gist of the Plaintiff’s assertion is the tenant who actually resided from September 20, 2005, which was three months before the date of the public inspection and announcement of the rearrangement zone in this case, from March 30, 2006 to September 20, which was three months before the date of the public inspection and announcement, and thereafter, the Plaintiff moved to outside of the rearrangement zone by implementing the rearrangement project in this case.

The defendant shall pay the expenses for moving dwelling to the plaintiff.

(b) as shown in the attached Form of the relevant statutes.

C. 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(5) and (9) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), Article 54(2) of the Enforcement Rule of the Public Works Act, and Article 4(1) and (2) of the same Act.

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