건물인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The defendant of the purport of the claim shall be attached to the plaintiff.
1. The reasons for the court's explanation concerning this case are the same as the reasons for the judgment of the court of first instance, except for the addition of the following explanation to the corresponding part of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Additional Time:
A. Following the third judgment of the first instance court, “A decision was rendered” was added to the following third judgment: “The Defendant appealed against this, but was rendered a judgment dismissing the appeal by the Busan High Court Decision 201Nu3623 on November 28, 2012.”
B. Next, the following statements shall be added to Chapter 5 of the first instance court's decision "shall not be deemed void as a matter of course": "(it is not sufficient to acknowledge the fact that there is a defect to nullify the decision of acceptance of this case in the procedure for application for parcelling-out only with the evidence submitted by the defendant, and there is no evidence to acknowledge otherwise)."
(c) add the following instructions to the fifth and fourteenth decisions of the first instance court:
The defendant's argument on the additional argument in the trial of the defendant is that "the defendant cannot deliver to the plaintiff the real estate stated in the attached Form until the plaintiff is paid KRW 43,796,64,64 (the amount of KRW 5,964,266 for relocation expenses, KRW 632, KRW 6378 for relocation expenses), KRW 17,200 for compensation for mental damage caused by the removal of the management and disposal plan, waste disposal, dust, etc. for 43 months according to the invalidation of the management and disposal plan of February 29, 2008, KRW 17,200 for compensation for mental damage caused by the management and disposal plan of KRW 43,796,64 for the total amount of KRW 444,00 for compensation for mental damage caused by the removal of the waste disposal and disposal plan, waste disposal, and dust."
First of all, whether the payment of housing countermeasure costs and the obligation of the defendant to deliver real estate are in the simultaneous implementation relationship, the main sentence of Article 40(1) of the former Urban Improvement Act, Article 78(5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and Articles 54(2) and 55(2) of the Enforcement Rule of the same Act shall be the resident in the area where the public works are performed.