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1. The Defendant’s KRW 19,90,301 as well as the Plaintiff’s KRW 5% per annum from April 23, 2016 to November 30, 2016.
Reasons
Basic Facts
The summary of the rearrangement project - The title of the project: The defendant - the location and size of the rearrangement zone - the Seoul Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Seoul Mapo-gu (hereinafter referred to as “instant rearrangement zone”): The public inspection and announcement date of the rearrangement plan - the project implementation authorization on May 31, 2007: the authorization date of project implementation: January 19, 2012: the expropriation ruling date: January 29, 2016; the plaintiff owned the three-story houses on the ground of Mapo-gu Seoul Mapo-gu (hereinafter referred to as “instant housing”) located in the rearrangement zone, which are residential buildings in the instant rearrangement zone, and resided from November 23, 201 to the expropriation ruling date.
[Ground of recognition] The Plaintiff’s assertion of the purport of the evidence Nos. 1 and 3-4 and 4-5 of the evidence Nos. 4 and 4-4-5 of the evidence Nos. 1 and the purport of the entire pleadings is that the Plaintiff resided in the instant housing located in the rearrangement zone prior to the date of the public inspection of the instant case, and that the implementation of the instant rearrangement project was relocated. Therefore, the Defendant is obligated to pay the Plaintiff KRW 12,00,000,000, and the relocation cost of housing, KRW 7,094,346, and KRW 9
Judgment
1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to determine whether to claim resettlement funds.
(1) Article 40(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 13796, Jan. 19, 2016; hereinafter “former Land Compensation Act”).
According to Article 78(1), a project operator shall either establish and implement the relocation measures or pay resettlement subsidies, as prescribed by Presidential Decree, for persons who lose their base of livelihood due to the provision of residential buildings due to the implementation of public works (hereinafter referred to as “persons subject to the relocation measures”).
According to Article 44-2 of the Enforcement Decree of the Act on the Maintenance of Urban Areas, the owner of a building who has not resided continuously from the date of public inspection to the date of conclusion or expropriation.