1. The plaintiff's claim is dismissed.

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

1. In fact, the Defendant is the project implementer of the B-house redevelopment improvement project (hereinafter “instant improvement project”) promoted in the area of 164,325.01 square meters in Nam-gu, Busan Metropolitan City.

The improvement project of this case was implemented on August 16, 2007 by the head of the Nam-gu Busan Metropolitan Government with the authorization for the implementation of the project on August 22, 2007. The public announcement was made on August 22, 2007.

On March 14, 1990, the Plaintiff moved into one floor (hereinafter “instant building”) among the second floor buildings owned by E in Busan, Nam-gu, Busan (hereinafter “instant rearrangement zone”) located in the instant rearrangement zone, and has been residing until now.

[Ground of recognition] The entry of evidence Nos. 3-1 and 6-1 to 3, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Plaintiff, the owner of the instant building on January 14, 1990, gave KRW 20 million to E and leased the said building and reside in the said building from that time to that time. As such, it constitutes the subject of compensation for relocation expenses under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Even if the Plaintiff is residing free of charge in the instant building, the “resident” of the residential building subject to compensation for the cost of moving a house includes not only the lessee at a cost but also the person who acquires a legitimate right to use, so the Defendant, who is the project implementer, shall compensate the Plaintiff for the cost of moving a house.

3. Determination

A. First, we examine whether the subject matter of the housing relocation cost applied to the instant rearrangement project includes a free resident.

Article 37(3) of the Act on the Maintenance and Improvement of Urban Areas, Article 78(5) and (9) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), and Article 54 of the Enforcement Rule of the same Act shall apply to the compensation for housing relocation expenses concerning the instant rearrangement project.

Article 54 (2) of the above Enforcement Rule provides compensation for relocation expenses to the tenants of residential buildings who move to due to the implementation of public works.