[징발보상금][집23(2)민,170;공1975.10.1.(521),8605]
Methods of calculating compensation for requisition and standards for payment thereof;
At the time of the enforcement of the Act on Special Measures for Readjustment of Requisitioned Property (Act No. 2264, Dec. 31, 1970), the person requisitioned who seeks payment of compensation for requisition property, property subject to requisition for which requisition has already been cancelled, and property subject to requisition for which a lawsuit has been pending, shall not claim compensation for requisition in excess of the standards under Article 21 of the Requisition Act, and the purchase price or compensation for requisition under Article 9 of the same Act shall be paid as compensation for requisition in writing, even if according to any procedure pursuant to the provisions of Article 8-3 of the Act on Special Measures for Readjustment of Requisitioned Property (Act No. 264, Dec. 31, 1970). If the purchase price received by the person subject to requisition, compensation for requisition, and compensation for requisitiond property under Article 21 of the Requisitiond Act are less than 10,000 won, the person subject to requisition shall be deemed to have paid in cash and claimed compensation for the property subject to requisition under the same Act.
[Defendant-Appellant] Kim Young-ro et al., Counsel for defendant-appellant-appellant-appellee
The representative of the Republic of Korea and the Minister of Justice Kim Sung-jin
Seoul High Court Decision 69Na2577 delivered on February 12, 1970
The part of the judgment below against the defendant is reversed, and that part is remanded to Seoul High Court.
The grounds of appeal by the defendant Kim Sung-jin are examined.
According to Article 2 of the Addenda to the Act on Special Measures for Readjustment of Requisitioned Property (Act No. 2264, Dec. 31, 1970), the payment of compensation for requisition is applicable to the property requisitioned or the property subject to requisition for which requisition has already been cancelled, and the property subject to requisition for which a lawsuit has been pending at the time of enforcement of this Act, and according to Article 8-3 of the Act on Special Measures for Readjustment of Requisition, the person subject to requisition is prohibited from claiming compensation for requisition in excess of the standards under Article 21 of the Requisition Act even through any procedure. Article 9 of the same Act provides that the purchase price of the property subject to requisition or compensation for requisition under this Act shall be paid in cash: Provided, That the purchase price received by the person subject to requisition and compensation for requisition and compensation for requisition thereof shall be paid in cases where the amount is less than 10,000,000 won, and the method of payment of compensation for requisition and compensation for requisition under Article 28-26 of the Act on Special Measures for Requisition (Act No. 13627, May 136, 1962, Do2627, etc.).
In addition, as in the case of this case, if a lawsuit claiming compensation against a requisitioned person is filed within December 31, 1974, which is stipulated in Article 8(3)(1) of the Act on Special Measures for the Payment of Compensation, it is reasonable to regard the requisitioned person as having filed a claim for compensation of requisitioned property as stipulated in the same Act.
Accordingly, the part of the judgment below against the defendant shall be reversed, and this part shall be remanded to the Seoul High Court.
In this decision, the opinions of the judges involved are consistent.
Justices Kim Jong-young (Presiding Justice)