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(영문) 부산지방법원 2016.06.17 2016구합941
이주정착금및주거이전비지급이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

(a) Outline of the rearrangement project - Project name: B housing redevelopment rearrangement project - Project implementer: Defendant - The location and size of the rearrangement zone: The date of public inspection and public announcement on the rearrangement plan - the area of 121,836.00 square meters in Busan Dong-gu, Busan: February 28, 2005 - the authorization date for project implementation: July 10, 2006

On April 28, 2008, the Plaintiff sold D Housing (hereinafter “instant Housing”) in the Busan East-gu, Busan (hereinafter “instant Housing”) to the Defendant for KRW 310,432,500.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is subject to settlement money and cost of moving a house, since he/she continuously resided in the housing owned by the Plaintiff within the rearrangement zone before he/she moved on May 25, 2001 and moved on June 17, 2008. Since he/she acquired the instant housing located within the rearrangement zone on June 26, 2001 and transferred it on May 28, 2008, he/she owned it until he/she transferred it.

Even if the Plaintiff had resided

Even if there is a lack of case, the plaintiff is entitled to settlement money for resettlement because there is an inevitable reason under Article 40 (3) of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Land Compensation

Nevertheless, since the defendant did not pay the resettlement funds and the relocation expenses to the plaintiff, the defendant sought the payment of the resettlement funds of KRW 10,000,000 and the relocation expenses of KRW 7,115,818 and the delay damages.

(b) as shown in the attached Form of the relevant statutes.

C. (1) Article 78(1) of the Land Compensation Act provides that a project implementer shall either establish and implement the relocation measures or pay resettlement funds, as prescribed by Presidential Decree, for persons who lose their base of livelihood by providing residential buildings due to the implementation of public works (persons eligible for relocation measures), and shall be amended by Presidential Decree No. 2145, Apr. 21, 2009.

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