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(영문) 서울고등법원 2016.07.05 2015누66709
주거이전비등청구
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: “The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”)” under the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Land Compensation Act”); and “Enforcement Rule of the Land Compensation Act” under the third and fifth directions of “Enforcement Rule of the Land Compensation Act” under the former Enforcement Rule of the Land Compensation Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 427, Jan. 2, 2012; hereinafter “Enforcement Rule of the former Land Compensation Act”) respectively.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Parts in height:

B. Determination 1) Article 40(1) of the Urban Improvement Act, Article 44-2(2) of the former Enforcement Decree of the Urban Improvement Act (amended by Presidential Decree No. 24007, Jul. 31, 2012); Article 9-2(2) of the former Enforcement Rule of the Urban Improvement Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 506, Aug. 2, 2012); Article 78(5) and (9) of the former Land Compensation Act; Article 54(2) of the former Enforcement Rule of the Land Compensation Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs; Article 54(2) of the former Enforcement Rule of the Land Compensation Act provides that a tenant of a residential building, who has resided in the relevant improvement zone for at least three months as of the date of resident inspection announcement, shall be determined as compensation for relocation expenses depending on the number of his/her household members living in the relevant improvement zone. Therefore, whether a tenant of a residential building falls under compensation for relocation expenses.

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