1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 14, 2008, the Defendant is the executor of the housing site development project for the relevant area (hereinafter “instant project”) approved and publicly notified by the Ministry of Land, Transport and Maritime Affairs No. 2008-566.

B. The Plaintiff, after completing the moving-in report on April 1, 2005, resided in the greenhouse (hereinafter “the instant vinyl”) installed without obtaining permission, etc. on the ground of the land B (hereinafter “instant land”) located in the said project district, was relocated to the implementation of the instant project.

[Ground of recognition] Facts without dispute, Gap evidence No. 2, Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion was installed before January 24, 1989, and even if the Plaintiff did not obtain permission for the establishment, it shall be deemed a legitimate building. Since the Plaintiff purchased it on or around March 2005 and resided together with two children, the Defendant is obligated to pay the Plaintiff KRW 16 million for the standard relocation expenses for three household members pursuant to Article 54(1) of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works”).

(b) Residents in any relevant Act and subordinate statutes and Article 78 of the Public Works Act shall be provided with compensation by calculating expenses incurred in moving their residence and expenses incurred in transporting movable property, such as household effects, etc.;

(9) The standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall apply to compensation under paragraphs (5) and (6)

Article 54 (Indemnity for Relocation Expenses) (1) The owner of a residential building to be incorporated in a zone where public works are performed shall compensate for relocation expenses for two months according to the number of members of the household when compensating for the building concerned.

Provided, That the owner of a building does not actually reside in the building or the building concerned.