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(영문) 인천지방법원 2020.05.08 2019구단51304
기타(기타 도시정비)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2007, the head of Bupyeong-gu Incheon Metropolitan City announced the public perusal of residents to formulate a housing redevelopment improvement plan in B.

B. On November 8, 2017, the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Office published the authorization to implement the B Housing Redevelopment Improvement Project as follows:

- The name of the rearrangement project: B housing redevelopment and rearrangement project (hereinafter referred to as “maintenance project in this case”) - The location and size of the rearrangement zone: The defendant: D Daywon 57,749.30 square meters in Bupyeong-gu;

C. From July 23, 2003, the Plaintiff resided in the area of land E (hereinafter “instant building”) of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon (hereinafter “instant building”) with the second floor of 135.80 square meters, and moved to the domicile as of December 13, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 4-1, 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant promised to pay the housing relocation cost to the Plaintiff.

The plaintiff is a person entitled to housing relocation expenses under relevant statutes, and the plaintiff seeks payment of housing relocation expenses to the defendant.

B. The defendant's assertion that the defendant promised to pay the cost of moving dwelling to the plaintiff.

The second floor of the instant building in which the Plaintiff resided is a neighborhood living facility (office) and is not a residential building, and the Plaintiff is not a tenant of a residential building that is the object of the cost of relocation.

3. Determination

A. First of all, as to whether the Defendant agreed to pay the housing relocation cost to the Plaintiff, the health class, evidence Nos. 1 and 5 alone is insufficient to recognize the fact, and there is no other evidence to acknowledge it.

B. Next, we examine whether the Plaintiff is subject to the payment of relocation expenses under the relevant laws and regulations.

1) According to the relevant laws and regulations as stated in the attached Form 2, a project operator is required to move to a residential building due to the implementation of public works.

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