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(영문) 부산지방법원 2018.07.06 2018나40577
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for adding the following contents and judgment, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second instance judgment of the first instance court added 152,462,650 won to the defendant under the above objection made by the Central Land Tribunal on December 18, 2017, on the ground that the defendant et al. raised an objection against the ruling to expropriate the above local Land Tribunal, the Central Land Tribunal made a ruling to increase the compensation for the building, etc. owned by the defendant et al., and on December 18, 2017, the plaintiff deposited 152,462,650 won for increased compensation for the defendant et al. under the above objection made by the Busan District Court Decision 2017."

2. Additional determination as to the defendant's assertion

A. The Plaintiff, who is the Defendant’s assertion, is obligated to pay the housing relocation expenses, resettlement funds, etc. in accordance with the establishment of relocation measures prescribed in Article 78(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects to the Defendant, and the said payment obligation must be implemented in preference to the Defendant’s obligation to deliver each building of this case or at

Therefore, the defendant cannot respond to the plaintiff's request before receiving the housing relocation expenses, relocation subsidies, etc. according to the plan for relocation measures.

B. Determination costs, etc. are the subject of the policy purpose to facilitate the implementation of the project by encouraging the early relocation of tenants residing in the implementation zone of the relevant public works and the subject of the tenants having special difficulties due to the relocation of their residence. The right to claim for the cost of housing relocation, etc. of the tenants of residential buildings that have been relocated due to the legally implemented public works is the right under public law.

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