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(영문) 서울행정법원 2017.04.28 2016구단64152
이주정착금 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 1,543,750 and the interest rate of KRW 15% per annum from November 25, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 25, 2006, the Plaintiff acquired the ownership of the land and the single-story housing [75.97 square meters in total area (i.e., 64.30 square meters in total area) 75.97 square meters in total area, and 11.67 square meters in hereinafter referred to as the “instant housing”) of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and had resided in the instant housing since that time.

B. 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 rearrangement 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”);

C. 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 as notified by the Defendant (from November 27, 2013 to January 10, 2014).

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.

【Legal basis for recognition】 Evidence Nos. 1, 2, and 3-1, 2-2, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff’s assertion, as the owner of the instant housing, became to move out of the instant rearrangement zone due to the implementation of the instant rearrangement project while residing in the said housing.

Therefore, the defendant should pay to the plaintiff KRW 12,00,00, KRW 6,952,388, and KRW 1,675,885 for the director's expenses.

B. 1) Determination of relocation subsidies is based on the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which applies mutatis mutandis to the implementation of a rearrangement project pursuant to Article 40(1) (hereinafter “Land Compensation Act”).

According to Article 78(1), a project operator is deprived of the basis of life due to the provision of residential buildings due to the implementation of public works.

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