건물명도(인도)
1. The Plaintiff:
A. Defendant B: The real estate listed in the separate sheet 3;
B. Defendant C shall provide the real estate listed in the attached list 4.
1. Determination as to claims against Defendant B and C
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;
2. Determination as to the claim against Defendant D
A. The facts stated in the separate sheet concerning the cause of the claim do not conflict between the parties, or can be acknowledged by comprehensively taking into account the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 4. Thus, Defendant D is obligated to deliver the real estate listed in the separate sheet No. 5
B. Defendant D’s assertion asserts that Defendant D cannot respond to the Plaintiff’s claim before receiving the resettlement subsidy.
The relocation settlement funds, housing relocation expenses, and movable property relocation expenses (director expenses) recognized by the Act on the Acquisition of Land, etc. for the Urban and Residential Environment Improvement and Residential Environment Improvement and Public Works Projects have the nature of money paid on the level of social security for residents and tenants who will suffer special difficulties due to the purpose of the policy to facilitate the implementation of the project by encouraging the early relocation of residents and tenants who reside in the implementation district of the relevant public works and the tenants. Therefore, the right to claim compensation for the relocation settlement funds, housing relocation expenses, and movable property transfer expenses that have been legally implemented due to the public works project is the right under public law, not the civil procedure, but the litigation related to the compensation should be based on the administrative litigation for legal relations under public law.
(See Supreme Court Decision 2007Da8129 Decided May 29, 2008). As above, a project implementer is obligated to calculate and compensate expenses incurred in transporting movable property to residents and tenants of residential buildings, such as expenses incurred in moving their residence, and household effects, with the aim of facilitating the project implementation.