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(영문) 부산고등법원(창원) 2015.08.05 2015누10110

손실보상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The first instance court rendered a judgment to partially accept the Plaintiff’s claim for the payment of compensation for losses of this case and to dismiss the remainder of the claim, and only the Defendant filed an appeal against the part against which the Plaintiff lost (the Plaintiff filed an appeal against the part against the Plaintiff among the judgment of the first instance, and withdrawn it), the scope of the trial of the first instance court is limited to the part against the Defendant in the judgment of the first instance

2. The reasoning for the court’s explanation concerning this case is as follows, with the exception that the following is added, on the face of the 8th judgment of the first instance, the following:

Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Additional Provisions] In addition, Article 2 (1) and (4) of the former River Act (amended by Act No. 3782 of Dec. 31, 1984), which was enacted pursuant to Article 2 (1) and (4) of the Addenda of the River Act (amended by Act No. 3782 of Dec. 31, 1984), provides that a person eligible for compensation shall be "the owner or his successor at the time when the acquired land was incorporated into the river area" (hereinafter referred to as "river compensation provision"), and thereafter, Article 2 (3) and Article 5 (1) of the Addenda of the amended River Act (amended by Act No. 3782) of the former River Act (amended by Act No. 3782 of Dec. 31, 1984) shall be "the owner or his successor at the time when the acquired land was incorporated into the river area" and in order to extend the period of extinctive prescription of the above claim for compensation, they shall not be separately provided for the claimant."