건물명도(인도)
1. The Plaintiff:
A. Defendant B: (a) real estate listed in the separate sheet;
B. Paragraph 2. of the same list by Defendant C
1. The cause of the plaintiff's claim is as shown in the attached Form, and there is no dispute between the parties, or all of the statements in Gap's evidence Nos. 1 through 7 can be recognized by considering the whole purport of the pleadings.
2. The remaining Defendants except Defendant F cannot respond to the Plaintiff’s claim before receiving the compensation for expropriation. However, according to each of the statements in the evidence No. 8-2, No. 8-3, 6, and 7, the Plaintiff’s entire deposit of the compensation amount under the adjudication on expropriation for the said Defendants. Thus, the dispute over the said Defendants cannot be accepted.
3. Meanwhile, Defendant D’s assertion that it is impossible to comply with the Plaintiff’s claim before receiving the housing relocation expenses, directors’ expenses, and resettlement funds.
The housing relocation expenses, etc. 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 shall be deemed to have the nature of money paid in the social security level for residents and tenants who will suffer special difficulties due to the policy purpose to facilitate the project by encouraging early relocation of residents and tenants who reside in the implementation district of the relevant public work project, and due to the relocation of dwelling. Therefore, the right to claim compensation, such as the relocation of dwelling expenses for residents and tenants of residential buildings that have been moved due to the legitimate implementation of the public work project, is the right under the public law, and the dispute over the compensation shall be based not on civil procedure but on administrative litigation for legal relations under the 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, for the policy purpose and social security purpose to facilitate the project implementation.