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(영문) 서울행정법원 2020.12.09 2020구단63668
주거이주비 및 영업보상청구의 소
Text

1. The defendant's 15,061,471 won to the plaintiff A and 5% per annum from February 4, 2020 to September 15, 2020.

Reasons

1. Basic facts

A. On July 25, 2008, the head of the Seoul Special Metropolitan City made a public inspection announcement for public inspection of residents and public announcement of project implementation approval for the formulation of urban renewal acceleration plans pursuant to Article 9(2) of the former Special Act on the Promotion of Urban Renewal (amended by Act No. 9876, Dec. 29, 2009).

(E) On November 22, 2017, the head of Jung-gu Seoul Special Metropolitan City publicly announced the authorization for the implementation of an urban environment improvement project in accordance with Article 28(4) 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; hereinafter “Urban Improvement Act”).

(J) Jung-gu Public Notice G);

On September 12, 1987, the plaintiffs A moved-in report was made on September 8, 1987 on the moving-in date to the third floor building in Jung-gu Seoul Special Metropolitan City (hereinafter "the building in this case") owned by the network H located in the improvement zone in this case, and the plaintiff B, a de facto spouse of the plaintiff A, was made a move-in report to the building in this case on August 2, 1995.

② Plaintiff A resided in part of the third floor of the instant building as a tenant, and moved out of the instant improvement zone after the date of public announcement of the authorization to implement the instant project.

[Reasons for Recognition] Evidence No. 1-2, 4, Evidence No. 6, Evidence No. 2, Evidence No. 2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that part of the third floor of the building in this case constitutes persons eligible for housing relocation expenses and directors’ reimbursement under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and thus, they seek reimbursement of KRW 14,080,080 as tenants and KRW 981,391 as directors.

B. The Defendant’s assertion 1 is not a house for the use on the public register, but a place of business or a store, and the Plaintiff A leases part of the 3th floor of the instant building.

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