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(영문) 서울서부지방법원 2020.03.11 2019가단204817
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers 1 floor of the building listed in the annex 2 list;

B. The defendant C shall list attached Form 3.

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

2. Determination as to the claim against the defendant B

A. The facts in the separate sheet for determination as to the cause of the claim do not conflict between the parties, or can be acknowledged by comprehensively taking account of the following: Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, 5, Gap evidence 6-2, Gap evidence 7-4, Gap evidence 7-4, and all the arguments. Thus, the defendant Eul is obligated to deliver the plaintiff the first floor of the building listed in the separate sheet 2.

B. First of all, Defendant B’s assertion that it is impossible to comply with the Plaintiff’s claim before receiving resettlement funds, housing relocation expenses, and directors’ expenses. The relocation settlement funds, housing relocation expenses, and movable property relocation expenses (director expenses) recognized by the Act on the Acquisition of and Compensation for Land, etc. for the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Dwelling Conditions for Residents within the implementation zone of the relevant public works are the amount of money paid to residents and tenants who suffer special difficulties due to the policy purpose of encouraging the early relocation of residents and tenants who reside in the implementation zone of the relevant public works and their relocation of housing. Thus, the right to claim compensation for resettlement funds, housing relocation expenses, and movable property relocation expenses (director expenses) which are the right under public law, not civil litigation, but administrative litigation for legal relations under public law (see, e.g., Supreme Court Decision 2007Da8129, May 29, 2008).

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