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, except where the defendant added the following judgments to the pertinent part of the reasoning of the judgment of the court of first instance, thereby admitting this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the plaintiff cannot accept his/her claim since he/she did not receive the resettlement funds, dwelling relocation expenses, movable property relocation expenses, etc.

A project implementer shall either establish and implement the relocation measures or pay resettlement subsidies, as prescribed by Presidential Decree, for the persons who lose their base of livelihood due to the provision of residential buildings due to the implementation of public works.

(1) Article 78(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (Article 78(5) of the same Act and Articles 54(1) and 55(2) of the Enforcement Rule of the same Act have the nature of the amount of money paid on the social security level for owners, etc. who suffer special difficulties due to the purpose of the policy to facilitate the implementation of the project by encouraging early relocation of owners, etc. who reside in the zone where the implementation of the relevant public work is performed, and thus, the right to claim compensation for the cost of relocation of a residential building, etc. that has been transferred due to the legally implemented public work is the right under public law. Therefore, the lawsuit related to the compensation is not a civil procedure, but an administrative litigation pertaining to the legal relationship under public law (see Supreme Court Decision 2007Da8129, May 29, 2008), and the cost of relocation of resettlement settlement funds or movable assets is paid as part of the compensation for living, and it is difficult to see that there is a difference between the purpose of payment and the nature of money.