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1. Revocation of a judgment of the first instance;
2. The case shall be transferred to the Seoul Administrative Court.
The purport of the claim and appeal is the purport of the appeal.
Reasons
The Plaintiff asserts that from March 30, 2007, from around 30, the Plaintiff resided in the first floor of Songpa-gu Seoul (Seoul) as a tenant, and that, as a result of the housing redevelopment improvement project implemented by the Defendant, he would lose the basis of living. The Plaintiff sought against the Defendant the payment of the housing relocation cost as stipulated in Article 78 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, and Article 54(2) of
ex officio, the right to claim compensation for housing relocation expenses under Article 78 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, Article 54(2) of the Enforcement Rule of the same Act, etc. has the nature of money paid in the social security level for tenants who will suffer special difficulties due to the policy purpose to facilitate the implementation of the project by encouraging the early relocation of tenants residing in the relevant zone where the public works are implemented, and thus, the right to claim compensation for housing relocation expenses of the tenants of residential buildings who have been relocated due to the legally implemented public works is the right under the public law. Therefore, the lawsuit related to the compensation should not be a civil lawsuit, but be subject to administrative litigation for legal relations under the public law.
(See Supreme Court Decision 2007Da8129 Decided May 29, 2008). Thus, the first instance court’s trial and determination under the civil procedure based on the premise that the instant claim is subject to civil procedure violates its exclusive jurisdiction. Thus, the first instance court’s ex officio revocation of the judgment, and the transfer of the instant claim to the Seoul Administrative Court, which is the competent court, is decided as per Disposition.