건물명도(인도)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant added to the court of first instance, and therefore, it is identical to the reasons for the part against the defendant in the judgment of the court of first instance.
2. Additional determination
A. The gist of the defendant's assertion was not paid appropriate compensation from the plaintiff, and the management and disposal plan of the plaintiff becomes invalid due to procedural defects, so the plaintiff's ownership of the real estate (attached Form 1 real estate) cannot be transferred.
B. The owner’s right to claim for compensation for losses incurred due to public works legally implemented is the right under public law. Therefore, the lawsuit over compensation is not a civil procedure, but an administrative litigation involving legal relations under public law (see Supreme Court Decision 2007Da8129, May 29, 2008). This cannot be asserted as a defense in civil procedure, and the plaintiff’s management and disposal plan cannot be asserted as invalid. Thus, the defendant’s above assertion cannot be accepted.
The defendant asserts to the effect that the plaintiff forced to remove the above real estate owned by the defendant after the judgment of the first instance.
However, as seen earlier, the Plaintiff completed the registration of transfer of ownership on the ground of “the expropriation on June 14, 2017,” after depositing the full amount of compensation for the adjudication on expropriation to the Defendant. Therefore, even if the Plaintiff was delivered the said real estate upon the declaration of provisional execution of the judgment of the first instance, it cannot be deemed that the Plaintiff’s act was due to lawful title and constitutes an illegal act.
The defendant's above assertion is without merit.
3. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed.