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 fact-finding and decision of the first instance court is justifiable even if the defendant who cited the judgment of the first instance was examined in consideration of the arguments and reasons complementary to the trial.

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance except for the appeal under Paragraph (2). Thus, it is citing this as it is by the main text of Article 420 of the Civil Procedure Act.

2. The third to fourth 10 pages of the decision of the court of first instance shall be as follows:

2) (2) The Defendant: (a) the relocation settlement money, housing relocation expenses, and director expenses (hereinafter “resident relocation expenses, etc.”) pursuant to the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects, which are applied mutatis mutandis under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; (b) Article 78(1) and (5) of the Enforcement Decree of the same Act; and (c) Articles 41 and 54(1) and 55(2)

The duty of payment is to bear the duty of delivery, and the above duty of payment is to be performed in advance or at least simultaneously. The plaintiff unilaterally deposited housing relocation expenses, etc. which fall under compensation under the Land Compensation Act without consultation with the defendant or going through a decision of expropriation. Thus, the defendant asserts that there is no obligation to respond to the plaintiff's request. On the other hand, the defendant's claim is a right under public law, since the housing relocation expenses, etc. recognized by the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects are the characteristics of social security, which are the amount of money to be paid on the social security level, by encouraging early relocation of residents living in the zone where the public work is performed, to smoothly implement the project by encouraging the early relocation of residents, and are the subject of special difficulties due to the purpose of the policy and the relocation of dwelling (see Supreme Court Decision 2007Da8129, May 29, 2008).