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(영문) 대전지방법원 2017.11.23 2017구단100385
세입자이주비 보상지급
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Outline of the rearrangement project - Project name: B housing redevelopment project: Defendant - The location and size of the rearrangement zone: 36,789m2 (hereinafter “instant rearrangement zone”) in Yanananan-si, Dong-gu, Seoul (hereinafter “instant rearrangement zone”) - The public inspection and announcement date of the rearrangement plan: June 21, 2010.

On December 31, 2015, the Plaintiff transferred resident registration to Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “instant domicile”) (hereinafter “instant domicile”) in the instant improvement zone.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. On December 31, 2015, the Plaintiff asserted that he/she transferred his/her resident registration to the domicile of the instant case. However, in fact, around 2003, he/she leased the domicile of the instant case from E and F and went to move to the implementation of the instant project. Therefore, the Defendant is obliged to pay the Plaintiff the relocation cost.

B. Article 54(2) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects provides that a tenant of a residential building who has resided in an improvement zone for at least three months at the time of the public announcement of the project approval shall be compensated for the relocation expenses. In order to be eligible for the relocation expenses as a tenant, it is required that he/she shall reside in the relevant improvement zone for at least three months as at the

In full view of the following circumstances, Gap evidence Nos. 1 and 4 obtained by adding the whole purport of the pleadings to the statements, it is not sufficient to acknowledge that the Plaintiff resided in the rearrangement zone of this case as of June 21, 2010, the date of public inspection and announcement, for more than three months, and there is no other evidence to acknowledge otherwise.

There is no signature or seal in both the lessor and lessee column of the lease contract submitted by the Plaintiff, and the personal information of the Plaintiff is written in the lessee column of the contract, and the Plaintiff's personal information is written.

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