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(영문) 인천지방법원 2020.05.22 2019구단1576
주거이전비보상
Text

1. The Defendant’s KRW 5,780,072 with respect to the Plaintiff and KRW 5% per annum from November 5, 2019 to May 22, 2020.

Reasons

1. Basic facts

A. On February 27, 2009, the head of Bupyeong-gu Incheon Metropolitan City (hereinafter “instant improvement project”) made a public inspection and announcement for the designation of a rearrangement zone (e.g., Bupyeong-gu Incheon Metropolitan City public announcement C; hereinafter “instant public inspection announcement”) with respect to the improvement project for B housing redevelopment (hereinafter “instant improvement project”).

B. Around December 14, 2011, the head of Bupyeong-gu Incheon Metropolitan City (Seoul Metropolitan City) was authorized to implement the instant improvement project as follows and publicly notified at that time.

The location and area of a rearrangement zone: The defendant; the project implementer who is a project implementer of Bupyeong-gu Incheon Metropolitan Government 75,338 square meters:

C. From September 13, 1994 to August 27, 2019, the Plaintiff reported Ansan-si E apartment F as the resident registration place, and the Plaintiff did not move his resident registration to the Bupyeong-gu Incheon Bupyeong-gu G building and the second floor H (hereinafter “instant housing”).

On May 27, 2019, the Defendant filed a lawsuit to deliver the instant house to the Plaintiff as the Incheon District Court 2019Kadan14263, but withdrawn the lawsuit on October 1, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 6, 7, Eul evidence 1 and 3, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff resided in the instant house from October 30, 2004 to August 31, 2019, and thus, the Plaintiff sought payment of the cost of moving the residence (=1850,000 won x 4 months) and the delay damages therefrom to the Defendant.

3. Determination

(a) as shown in the Attachment of the relevant statutes;

B. According to the relevant legal principles and relevant statutes, with respect to tenants of residential buildings that come to move due to the implementation of a rearrangement project which is a public project operator, who have resided in the relevant public project implementation zone for more than three months at the time of the public project approval, etc. or the public announcement, etc. under the relevant laws and regulations for the public project implementation zone, the cost of moving

As such, the "resident relocation expenses" paid pursuant to the Urban Improvement Act shall be the tenants who reside in the project implementation district.

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