logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.09.19 2018구합791
주거이전비 등
Text

1. The Defendant: (a) KRW 15,042,060 for the Plaintiff and KRW 15% per annum from May 1, 2019 to May 31, 2019; and (b).

Reasons

1. Basic facts

(a) summary of the rearrangement project - Project name: B housing redevelopment and rearrangement project - Project implementer: Defendant - The location and size of the rearrangement zone - The public inspection and publication date of the rearrangement plan - the Seoul-dong-gu Seoul-gu - The date of May 14, 2010: the authorization for project implementation: January 12, 2017;

The Plaintiff asserted that the Plaintiff is the tenant of the Gwangju Dong-gu D's ground housing located in the instant rearrangement zone (hereinafter referred to as the "instant housing") and claimed the payment of relocation expenses and director expenses, but the Defendant rejected such claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 16, the purport of the whole pleadings

2. The Plaintiff’s assertion falls under the tenant of a residential building to be relocated due to the implementation of the instant improvement project, who has resided together with the mother E for at least three months at the time of the public announcement of the improvement plan, and thus, the Defendant is obligated to pay the Plaintiff housing relocation expenses and director expenses.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. The Defendant’s obligation to pay housing relocation expenses and director expenses 1) The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) applied mutatis mutandis pursuant to Article 40(1) 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 and enforced February 9, 2018).

According to Article 78(5) and (9) of this Act and Articles 54(2) and 55(2) of the Enforcement Rule of the same Act, where a tenant of a residential building relocated from the implementation of an improvement project, who has been a public project, has resided in the relevant public project implementation zone for at least three months at the time of the public project approval, etc. or the public announcement, etc. under the relevant Acts and subordinate statutes for public works, relocation expenses for four months depending on the number of household members, and for residents of a residential building to be incorporated in the public project implementation zone, relocation expenses for four months depending on

arrow