logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.11.22 2017누50029
이주정착금 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

The scope of the judgment in this Court claimed against the Defendant KRW 12,00,000, and KRW 6,952,388, and KRW 1,675,85, and KRW 1,675, and85, the first instance court dismissed the claim for resettlement funds and expenses for relocation of a house, and rendered a judgment citing only KRW 1,543,750, among the directors’ expenses, and damages for delay. Since only the Plaintiff filed an appeal against the part against the Plaintiff, the part in favor of the Plaintiff who did not appeal was excluded from the scope of the judgment in this Court.

Facts of recognition

On October 25, 2006, the Plaintiff acquired the ownership of the land in Seodaemun-gu Seoul and the single-story housing [7.97 square meters in total area (i.e., 64.30 square meters in total area) 75.97 square meters in total area, and 1.67 square meters in hereinafter referred to as “instant housing”) and resided in the instant housing from around the above time.

On December 5, 2012, the head of Seodaemun-gu Seoul Metropolitan Government approved the Defendant’s project implementation plan related to the housing redevelopment improvement project (hereinafter “instant improvement project”) to which the Seodaemun-gu Seoul Metropolitan Government Housing Site was included as the rearrangement zone (the date of public inspection and announcement for designation of the rearrangement zone was April 8, 2008; the date of designation of the rearrangement zone was October 23, 2008; hereinafter “instant rearrangement zone”); and

The Plaintiff became a person subject to cash settlement because it did not apply for parcelling-out within the period of application for parcelling-out (from November 27, 2013 to January 10, 2014) notified by the Defendant for parcelling-out.

On July 5, 2014, the Plaintiff relocated to outside of the instant rearrangement zone, and on June 24, 2016, a ruling of expropriation for the instant housing was rendered.

[Grounds for recognition] Evidence Nos. 1, 2, 3-2, 1, 2-2, and 2-1, and 2-2 of the evidence Nos. 1, 2-3, and the Plaintiff’s assertion as to the purport of the whole pleadings, and the Plaintiff’s assertion as to the purport of the whole pleadings, as the owner of the instant housing, has moved out of the rearrangement zone of this case while residing in the said housing.

Therefore, the defendant's moving settlement money of 12,00,000 won, and the moving cost of 6,952.

arrow