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(영문) 부산지방법원 2018.05.17 2018나42511

건물명도(인도)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are added or used as follows, and the defendant's argument in the trial is as stated in the reasoning of the judgment of the court of first instance, except for adding the following determination as to the argument in the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 18 of the second decision of the first instance shall be added as follows:

F. According to the Defendant’s objection against the instant judgment, the Central Land Tribunal rendered a ruling to increase compensation for the Defendant’s goodwill, etc., and on December 15, 2017, the Plaintiff additionally deposited KRW 5,042,70 as Busan District Court’s deposit account for the Defendant’s increase in compensation for the Defendant’s goodwill as stipulated in the instant ruling.

The second [founded Grounds for Recognition] of the Second Instance of the Court of First Instance added "A No. 12" to "A. 17 of the Court of First Instance" to "A. 'A. 'A. 'A. 'A. 'A. 'A. 'A.

2. Additional determination as to the defendant's assertion

A. The Defendant’s obligation to pay housing relocation expenses and resettlement funds under Article 78(1) of the Act on Public Works for the Defendant, who is the Defendant’s assertion, is the obligation to perform the duty to deliver the building of this case in preference to the Defendant’s duty to deliver the building of this case, or at least the Defendant’s duty to deliver the building of this case. Thus, the Defendant cannot respond to the Plaintiff’s claim prior to being paid housing relocation expenses, etc

B. According to the judgment of the public works project law, housing relocation expenses, etc. are legally paid from the social security perspective by encouraging the early relocation of tenants residing in the relevant public works project implementation zone to smoothly implement the project, taking into account the policy purpose to facilitate the project and the tenants who will suffer special difficulties due to the relocation of dwelling.