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(영문) 대구지방법원 2020.11.24 2020나310607
주거이전비 등 청구의 소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On October 10, 2012, the head of Si/Gun/Gu in Daegu Metropolitan City (hereinafter “the instant improvement zone”) shall be the 689,064 square meters of the Seo-gu Ddong and Edongwon 689,064 square meters (hereinafter “instant improvement zone”).

2) As to the instant improvement plan, the “Public perusal and public notice of the draft renewal acceleration plan” (hereinafter “public notice of the instant improvement plan”) is the F of the Seo-gu Metropolitan City, Daegu.

(2) On January 20, 2015, the Defendant was established for the purpose of implementing a housing redevelopment improvement project in the instant rearrangement zone and was authorized by the head of the Daegu Metropolitan City Seo-gu Office to obtain authorization therefor from the head of the Gu.

B. On April 1, 2009, the Plaintiff married with the Plaintiff’s husband and wife: (a) on April 1, 2009, the Daegu-gu H located in the instant rearrangement zone (road name address: Daegu-gu I; hereinafter “instant housing”).

(2) On March 8, 2010, the Plaintiff’s spouse, transferred to the instant house. (2) On December 26, 2011, the Plaintiff transferred to South-gu K and L on December 26, 201, but transferred to the instant house again on January 13, 2012.

3) After August 1, 2019, the Plaintiff transferred to Daegu Seo-gu, Seo-gu, and N on July 22, 2019, respectively. 【Ground for Recognition】 The fact that there is no dispute, and evidence Nos. 1, 2, 3, and 6 (including the serial number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The parties' assertion

A. On April 1, 2009, the Plaintiff asserted that he leased and resided the first floor of the instant housing from G, the Plaintiff’s mother, the owner of the instant housing, and the Plaintiff’s mother, and became to move due to the implementation of the instant improvement project.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 20,959,932 for four-month relocation expenses under the relevant statutes, such as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), and KRW 1,620,96 for directors, total sum of KRW 22,580,928, and delay damages.

B. The defendant's assertion.

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