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(영문) 대법원 2015.08.27 2012다114394
채무부존재확인
Text

The judgment below

Among them, the part against the plaintiff M and the part against the defendant against the plaintiff G and H are reversed and this part is reversed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the grounds of appeal filed after the deadline).

1. As to whether a person is a person subject to relocation measures under the Land Compensation Act

A. 1) Regarding the scope of persons subject to relocation measures for which the Defendant is obliged to bear the obligation to install basic living facilities, the former Housing Site Development Promotion Act (amended by Act No. 8384, Apr. 20, 2007; hereinafter the same applies)

Article 12(4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665, Oct. 17, 2007; hereinafter “Land Compensation Act”).

Article 78(1) of the former Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Presidential Decree No. 20722, Feb. 29, 2008; hereinafter “Enforcement Decree of the Land Compensation Act”).

Article 40(3)2 of the Housing Site Development Project Act provides residential buildings due to the implementation of the housing site development project (hereinafter “persons subject to relocation measures”) to lose their base of livelihood (hereinafter “persons subject to relocation measures”).

(2) For the purpose of the Land Compensation Act, the implementation and implementation of the relocation measures or the payment of resettlement subsidies (hereinafter referred to as the “establishment, etc. of relocation measures”) shall include the contents of the said measures.

However, in principle, the owner of a building who does not reside continuously from the "date of public notice, etc. under the relevant Acts and subordinate statutes" for public works to the "date of conclusion of the contract or the date of expropriation decision" is excluded from the person subject to relocation measures

Meanwhile, while the Land Compensation Act delegates specific regulations on the establishment, etc. of relocation measures to the Presidential Decree pursuant to Article 78(1), the main sentence of Article 78(4) includes housing complex constructed by implementing relocation measures for resettlement areas.

The ordinary level, such as roads, water supply facilities, drainage facilities, other public facilities, etc., shall be the same.

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