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(영문) 울산지방법원 2020.07.09 2019구합6806
주거이전비등
Text

1. The defendant's KRW 1,492,732 as well as 5% per annum from April 22, 2020 to July 9, 2020 to the plaintiff.

Reasons

1. Basic facts

A. On August 28, 2006, the head of Ulsan Central District Office published the residents' public inspection of the residents' public inspection within the Ulsan Central District public notice C, Ulsan Central District public notice C, Ulsan Central District public notice, and on August 23, 2007, the Ulsan Central City Mayor publicly announced the above improvement zone E in public notice of Ulsan Metropolitan City public notice on August 23, 2007

B. The Defendant is a housing redevelopment and rearrangement project partnership that implements a B-house redevelopment and rearrangement project implemented in Ulsan-gu D (hereinafter “instant rearrangement project”). On November 10, 201, the Defendant obtained authorization from the head of Ulsan-gu, the head of the Gu and obtained authorization for the establishment of the project on January 11, 201 after obtaining authorization for the establishment from the head of the Gu, and on the same day, the said authorization was publicly announced as F in Ulsan-gu.

C. G is the owner of Ulsan-gu H Ground Housing located within the instant rearrangement project zone (hereinafter “instant housing”). G is the Defendant’s member.

The Plaintiff, as his mother, resided in the instant house from around 1990 to May 27, 2019, along with G’s her wife, I and his father.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

A. The gist of the parties' assertion 1) The plaintiff entered into a lease agreement with G, the owner of the instant housing, and the plaintiff constitutes a tenant who is not a mere free resident, and the defendant constitutes a tenant who is not a tenant, and thus, the defendant constitutes the land acquisition and compensation for public works (hereinafter "Land Compensation Act").

(2) According to Articles 54(2) and 55(2) of the Enforcement Rule, the Defendant is obligated to pay the housing relocation expenses and directors’ expenses calculated on the basis of three-person households of the tenants. (2) The Defendant is the instant housing owner and the relative resident, who is a person related to the marriage and is a tenant without compensation. Therefore, the Plaintiff cannot comply with the Plaintiff’s claim on the ground that

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

C. 1) Specific determination on the claim for the cost of moving a house is based on the Land Compensation Act.

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