Text
1. The Defendant: 11,028,748 won to the Plaintiff (Appointed Party); 1,337,254 won to the Appointed C; and 1,337,254 won to each of the said money.
Reasons
1. Basic facts
(a) Authorization and public announcement of project implementation - B housing redevelopment rearrangement project (hereinafter referred to as “project in this case”): The location and area of the rearrangement zone: The location and area of the rearrangement zone - During Gyeyang-si, the area of Do 123,962.3 square meters (hereinafter referred to as “instant rearrangement zone”) - The date of public inspection and public announcement of the designation of the rearrangement zone: July 24, 2009 - the date of project implementation authorization: the project implementer on September 22, 2015 - the Defendant:
B. On March 17, 2008, the Plaintiff (Appointed Party) leased the E-Housing No. 102, Dong-dong (hereinafter “instant housing”) in the instant rearrangement zone and resided from April 28, 2008 to October 28, 2010.
The representative C, who is the mother of the plaintiff (appointed party), has been residing in the housing of this case since that time.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3-1 to 3, Gap evidence 4-1 to 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion (Appointed Party) is a tenant who leased and resided in the instant house and moved to move due to the implementation of the instant project, and the Defendant is obligated to pay the Plaintiff (Appointed Party) the relocation cost and the director’s expense to the Appointed C.
B. (1) Determination 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects to determine the claim for relocation expenses (hereinafter “Land Compensation Act”)
Article 78(5) of this Act and each subparagraph of Article 54(2) of the Enforcement Rule of the same Act shall be paid to tenants of residential buildings relocated following the implementation of public works in accordance with Article 78(5) of this Act, inasmuch as the amount of money is paid from the social security level for tenants who will suffer special difficulties due to the policy purpose of encouraging early relocation of tenants residing in the relevant zone where the public works are implemented, and therefore, Article 54(2) of the Enforcement Rule of the same Act shall be applied.