1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff, as the executor of the Bogeumjari Housing Project in the B Project District, completed compensation for the instant land and buildings by March 2013 to D, who was the owner of the land of the said project district, C, 350 square meters (hereinafter “instant land”) and the building assembly on the ground thereof (hereinafter “instant building”).

B. The Defendant used the instant building to lease it. On March 2013, the Plaintiff paid KRW 87,840,000 to the Defendant compensation for obstacles to the instant building, etc.

C. The date of expropriation of the instant land and buildings is April 17, 2013, and the Defendant still has not left the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 6, Gap evidence 7-1, 2, Eul evidence 10-1, 2-2, and the purport of the whole pleadings

2. Return of unjust enrichment or occurrence of liability for damages;

A. Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the determination of the cause of the claim provides that "the landowner or person concerned, and other persons who do not include the landowner or person concerned, who have the right to the land to be expropriated or used or who have the right to the goods thereon, shall deliver or transfer such land or goods to the project implementer not later than the commencement date of expropriation or use." However, according to the above facts of recognition, the defendant is liable at least to deliver the instant building site, etc. among the instant land to the Plaintiff by April 17, 2013, which is the starting date of expropriation of the instant land and building. Since the defendant fails to perform his/her duty to deliver the said site, the defendant is liable to return unjust enrichment or compensate the damage therefrom

B. Determination on the Defendant’s assertion 1) The Plaintiff is a public project.