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(영문) 서울행정법원 2016.07.28 2016구단10209
주거이전비
Text

1. The Defendant shall pay to the Plaintiff KRW 6,486,260 and the interest rate of KRW 15% per annum from April 29, 2016 to the day of complete payment.

Reasons

1. Basic facts

(a) Project name - Project name: B housing redevelopment rearrangement project - Rearrangement zone location: Eunpyeong-gu Seoul, D, E (including Seoul Eunpyeong-gu F) - Public inspection and announcement date of rearrangement plan: April 12, 2006 - Public announcement date of project implementation authorization: October 30, 2014;

Project operator: Defendant (founded ground for recognition) has no dispute; evidence No. 2; evidence No. 1; purport of the whole pleadings;

2. According to Article 78(5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and the main sentence of Article 54(2) of the Enforcement Rule of the same Act, a tenant of a residential building who has been relocated due to the implementation of a public project and has resided in the relevant public project implementation zone for at least three months at the time of the public announcement of the project approval, etc. or the public announcement, etc. under the relevant Acts and subordinate statutes for the public project, the relocation cost shall be compensated for four months according to the number of

Compensation for housing relocation expenses to tenants of residential buildings under the Act on the Improvement of Urban and Residential Environments shall be made to the tenants of residential buildings who have resided in the relevant improvement zone for at least three months as at the date of the public inspection and announcement of the improvement plan, when it becomes possible for residents, etc. to be aware that the improvement plan is to be implemented because the tenants of residential buildings who have been relocated

(see, e.g., Supreme Court Decision 2009Du16824, Sept. 9, 2010). Accordingly, without requiring a tenant to continue to reside on the date of public announcement of the approval plan for the implementation of a rearrangement project or the date of public notification of the approval plan for the implementation of a rearrangement project or the compensation plan for the cost of housing relocation until the date of public notification or notification of the calculation thereof, the tenant acquired the right to claim the cost of housing relocation from the rearrangement zone

Even if this is, the tenant's right to claim for the cost of moving the house is not extinguished.

Supreme Court Decision 206. April 2006

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