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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the part of the first instance judgment, except where the defendant added the judgment as set forth in the following paragraph (2) to the assertion added in the court of first instance. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act
2. The Defendants, as a project operator, bear the duty to transfer residence and pay director expenses under Articles 38, 40(1) and 47 of the former Urban Improvement Act (amended by Act No. 9444, Feb. 6, 2009) and Article 78(5) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11017, Aug. 4, 201; hereinafter “Land Compensation Act”), and the said duty to pay falls under compensation for losses under the Land Compensation Act, and the Defendants are not entitled to deliver the instant real estate from the Plaintiff until the payment of the relocation expenses, etc. is made. Accordingly, the Defendants’ objection to performance prior to the commencement or simultaneous performance is not possible.
The housing relocation expenses, etc. recognized under the Land Compensation Act, etc. have the character of money paid on the social security level, taking into account the policy purpose to facilitate the project by encouraging the early relocation of residents living in the implementation zone of the relevant public works and the residents who will suffer special difficulties due to the relocation of their residence. The right to claim for the housing relocation expenses, etc. of the residents who moved due to the legally implemented public works is the right under public law.
(See Supreme Court Decision 2007Da8129 Decided May 29, 2008). In light of the purpose and legal nature of the cost of moving a house, etc., the obligation to pay the cost of moving a house, etc. to the project implementer and the obligation to deliver the building to the project implementer who acquired the ownership of the building in accordance with lawful accommodation procedures.