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(영문) 부산지방법원 2019.08.22 2019구합21895
주거이전비등
Text

1. The Defendant: KRW 7,965,496 for the Plaintiff and KRW 15% per annum from September 11, 2018 to May 31, 2019; and

Reasons

1. Basic facts

A. The Defendant is an association established to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) in the area of 54,289 square meters in Nam-gu, Busan Metropolitan City (hereinafter “instant rearrangement zone”).

B. On February 27, 2008, the head of the Nam-gu Busan Metropolitan City publicly announced the designation of the rearrangement zone including the location, size, improvement plan, etc. of the rearrangement project in this case as D public announcement of the Nam-gu Busan Metropolitan City (hereinafter “instant public inspection announcement”), and on December 23, 2016, approved the implementation of the said rearrangement project, and then publicly announced the project implementation authorization as E public announcement of the Nam-gu Busan Metropolitan City on December 28, 2008.

C. Meanwhile, on April 1, 1986, the Plaintiff leased the Busan Southern-gu F (hereinafter “instant residential area”) which is a residential building located in the instant rearrangement zone and transferred resident registration to the instant residential area.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is a tenant residing in the instant domicile from April 1986 to the present date, and the Plaintiff’s spouse (hereinafter “the deceased”) resided with the deceased on November 17, 2018 when the deceased’s spouse died.

Therefore, the Defendant is obligated to pay the Plaintiff, a tenant of a residential building, who has resided for at least three months as of December 23, 2016, as of the date of authorization to implement the instant improvement project, the total of KRW 7,311,130, and KRW 654,366, and the total of KRW 7,965,496, and delay damages therefor, to the Plaintiff, who is the tenant of the residential building, for the four-month period.

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

C. (1) Determination 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009; hereinafter “Urban Improvement Act”) on the base date for determination of a person eligible for compensation for moving housing and director expenses.

Acquisition and acquisition of land, etc. for public works as applied mutatis mutandis pursuant to Article 40 (1).

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