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(영문) 서울행정법원 2018.07.11 2017구단76848
주거이전비등
Text

1. The plaintiff's claim is dismissed.

2. The costs of litigation shall be borne by the plaintiff.

Reasons

1. Basic facts

(a) The outline of the project is as follows:

- Business Name: B Housing redevelopment and rearrangement project (hereinafter “instant project”): project area: Songpa-gu Seoul Metropolitan Government, D Japan, 98,453.7 square meters (hereinafter “instant project area”) - The first project implementation authorization date: August 16, 2013 - The public announcement date of Songpa-gu Seoul Metropolitan Government on October 22, 2007: Defendant

B. The Plaintiff is referred to as “instant building” in Songpa-gu Seoul Metropolitan Government Housing within the instant project zone.

the housing of this case is called ‘the housing of this case' below the G of this case

(c) The Defendant is the owner of the instant housing. The Defendant completed the registration of ownership transfer on the ground of expropriation as of February 10, 2017 according to the Seoul Special Metropolitan City Land Tribunal’s ruling of expropriation. [The fact that there is no dispute over the grounds for recognition, Gap’s entries in Gap’s 1, 5, 6, and 7, Eul’s evidence No. 1, and the purport of the entire pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is the owner of the instant house from February 2, 2001, who had resided in the instant house with his family on February 10, 201, and had the Defendant expropriated and relocated the instant house on February 10, 2017, and accordingly, the Defendant is obligated to pay the Plaintiff the resettlement settlement money of KRW 12,00,000,000, and the relocation settlement money of KRW 7,286,964, and the relocation expenses of housing, KRW 1,425,702, and delay damages therefrom, as prescribed by relevant Acts and subordinate statutes, including the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

(b) Entry in the attached statutes of the relevant statutes;

C. (1) Determination 1) The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor applied mutatis mutandis to the implementation of a rearrangement project pursuant to Article 40(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

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