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(영문) 서울서부지방법원 2019.12.13 2019가단224064
건물명도(인도)
Text

1. The Plaintiff:

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

B. Defendant D shall provide the real estate listed in the Appendix 2 list.

Reasons

1. Determination as to the claim against Defendant E

(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 claims against the remaining Defendants

A. The facts in the separate sheet of the judgment on the cause of the claim do not conflict between the parties, or can be acknowledged by comprehensively taking into account the overall purport of the pleadings as to the entries in Gap evidence Nos. 1 through 6. Thus, the defendant B, D, and F are obligated to deliver the plaintiff the real estate listed in the separate sheet.

B. In determining the above Defendants’ assertion, the said Defendants asserted that they could not respond to the Plaintiff’s claim before receiving the housing relocation expenses, directors’ expenses, and resettlement funds.

The housing relocation expenses, etc. recognized by the Act on the Acquisition of Land, etc. for the Urban and Residential Environment Improvement and Residential Environment Improvement and Public Works Projects shall be deemed to have the nature of money paid in the social security level for residents and tenants who will suffer special difficulties due to the policy purpose to facilitate the project by encouraging early relocation of residents and tenants who reside in the implementation district of the relevant public work project, and due to the relocation of dwelling. Therefore, the right to claim compensation, such as the relocation of dwelling expenses for residents and tenants of residential buildings that have been moved due to the legitimate implementation of the public work project, is the right under the public law, and the dispute over the compensation shall be based not on civil procedure but on administrative litigation for legal relations under the public law.

(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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