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1. The Defendant’s KRW 1,442,983 as well as the Plaintiff’s annual rate from June 23, 2018 to April 25, 2019.
Reasons
1. Basic facts
(a) Outline of a rearrangement project - Project: B housing redevelopment and rearrangement project - Project implementer: Defendant - The location and size of a rearrangement zone: The public inspection and public announcement date of a rearrangement plan - The project implementation authorization on July 25, 2012: April 4, 2017 (Public NotificationD of Gwangju Metropolitan City North-gu);
B. The Plaintiff, located within the instant improvement zone, resided without compensation in the 1st floor below the F-gu Seoul Northern-gu, Gwangjubuk-gu, and 78.12 square meters below the 2nd floor among the 3rd commercial housing buildings, and relocated on May 27, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff’s assertion falls under a tenant of a residential building to be relocated due to the implementation of the instant improvement project, who has resided in the rearrangement zone for more than three months at the time of the public announcement of the improvement plan, and thus, the Defendant is obligated to pay the Plaintiff housing relocation expenses
3. Attached statements to the relevant Acts and subordinate statutes;
4. Determination
A. According to Article 40(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; enforced February 9, 2018; hereinafter “former Act”), Article 78(5) and (9) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) and Article 54(1) and (2) of the Enforcement Rule of the same Act, a tenant of a residential building that is to be relocated due to the implementation of a public project shall be compensated for the relocation expenses for three months or longer according to the number of his/her household members who have resided in the relevant public project implementation district at the time of the public project approval or under the relevant Act and subordinate statutes on the Public Works Projects.
On the other hand, a tenant of a residential building who is eligible for the cost of moving a house is to lend a registered lease on a deposit basis or a remaining lease on a deposit basis, and to the value thereof.