logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.03.29 2017구합70039
주거이전비등
Text

1. The Defendant’s KRW 20,924,99 as well as the Plaintiff’s annual rate from November 17, 2017 to March 29, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Defendant is an association established on July 26, 201 in order to implement a housing redevelopment project (hereinafter “instant project”) for the housing redevelopment project of 133,418,30 square meters (hereinafter “instant rearrangement zone”) of the implementation area of the Dongwon C in Ansan-si (hereinafter “instant rearrangement zone”).

B. On July 23, 2009, the Gyeyang-si announced the authorization to implement the project of this case on September 22, 2015, after the authorization to implement the project of this case was issued and announced publicly as E in Ansan-si on the same day.

C. On December 21, 2005, the Plaintiff, a multi-unit housing located in the instant rearrangement zone, acquired the ownership of the Dasan-dong No. 105 (hereinafter “instant housing”) and resided in the Republic of Korea (hereinafter “instant housing”), but did not file an application for parcelling-out, and became a person subject to cash liquidation. Accordingly, on April 14, 2017 between the Plaintiff and the Defendant, an agreement was concluded regarding cash liquidation (hereinafter “instant agreement”) with the area to be incorporated into the instant housing on April 14, 2017, wherein the assessed value of the building was KRW 97.69 square meters, and the assessed value of the building was KRW 150,66,667.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7 (including each number), the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. Determination as to the claim for payment of relocation expenses, etc.

A. In full view of the provisions of Articles 38, 40(1), and 47 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), Article 48 of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 78(1) and (5) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (wholly amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter “Land Compensation Act”); Articles 54(1) and 55(2) of the Enforcement Rule of the Land Compensation Act, the owner of a residential building in a housing redevelopment project under the former Act.

arrow