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(영문) 서울서부지방법원 2019.11.22 2019가단221201
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet No. 1;

B. Defendant C shall provide the real estate listed in the attached list 3.

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) deemed confession: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. Determination as to the claim against the defendant B

A. The facts 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 whole purport of the pleadings, as stated in the separate sheet Nos. 1 and 4, Defendant B is obligated to deliver the real estate listed in the separate sheet No. 1 to the Plaintiff

B. Defendant B’s assertion that Defendant B cannot respond to the Plaintiff’s claim before receiving the cost of housing relocation and movable property transfer.

The cost of moving a house and movable property (director cost) recognized by the Act on the Acquisition of Land, etc. for the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and the Compensation for Residents, and the Act on the Acquisition of Land, etc. for Public Works Projects, are considered to have the nature of money paid in the level of social security for residents and tenants who will suffer special difficulties due to the policy purpose to facilitate the implementation of the project by encouraging the early moving of residents and tenants who reside in the implementation district of the relevant public work project and for residents who will suffer special difficulties due to the relocation of their residence. Therefore, the right to claim compensation for the cost of moving a house and movable property of residents and tenants who have been legally implemented due to the public work project is the right under public law. The litigation over the compensation should be based on administrative litigation

(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.

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