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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning for the court’s explanation of the instant case is as stated in the reasoning of the first instance judgment, except for the addition of the following judgments as to the matters alleged by the Defendant in the court of the first instance. As such, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2. Additional determination;
A. The gist of the Defendant’s assertion is that: (a) the Plaintiff sought the delivery of the instant building without paying the cost of moving a house to other members is inconsistent with the principle of good faith; (b) it is contrary to the principle of good faith, and thus, (c) it is against the principle of good faith to seek the delivery of the instant building without paying the cost of moving a house to the Defendant; and (d) it is not yet commenced redevelopment project since
Judgment
1) The cost of housing relocation recognized by the Land Compensation Act has the nature of the amount of money paid on the social security level for the tenants who will suffer special difficulties due to the policy purpose of promoting the project by encouraging early relocation of tenants residing in the implementation zone of the relevant public works and the relocation of their residence. Therefore, the right to claim compensation for the cost of housing relocation of the tenants of residential buildings relocated due to the legally implemented public works is the right under public law. Therefore, the lawsuit surrounding the compensation should be based on an administrative litigation for the legal relationship under public law, not on civil litigation (see Supreme Court Decision 2007Da8129, May 29, 2008). The defendant cannot oppose the plaintiff's claim of this case against the plaintiff who acquired the ownership of the building of this case on the ground that he was not paid the cost of housing relocation, etc.