부동산인도 등
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 reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, the judgment of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act
The following contents shall be added to the '1. Recognition' closed part of the first instance judgment:
The Plaintiff deposited KRW 16,742,80,00 as the principal deposit on August 28, 2019, with the Defendant as the principal deposit amounting to KRW 8,794,80,00 in Busan District Court Decision 6,723,723,532 in terms of the relocation of residence, KRW 16,74,476 in total, and KRW 16,742,80 in terms of the director’s expenses. The Plaintiff deposited KRW 16,742,80 in accordance with the first instance judgment of the court of first instance as follows.
The Plaintiff, who is a project executor, has the obligation to pay housing relocation expenses, director expenses, etc. according to the establishment of relocation measures prescribed in Article 78(1) and (5) of the Public Works Act to the Defendant, and the said obligation to pay the said obligation should be met in advance or at least simultaneously with the Defendant’s obligation to deliver. However, since the Plaintiff did not pay the said obligation to the Defendant, the Defendant does not have any obligation to accept the Plaintiff’s claim. As such, the Plaintiff paid the said amount of KRW 8,794,80 for relocation expenses, etc. calculated in accordance with the provisions on resettlement subsidies, etc., as recognized earlier, the fact that the Plaintiff paid the said amount of KRW 16,723,532 for relocation expenses, and KRW 16,742,80 for relocation expenses, and KRW 16,742,808 for relocation expenses, etc., as well as the said amount of KRW 16,7
2. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.
The judgment of the court of first instance is just in its conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.