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(영문) 부산고등법원 (창원) 2021.02.03 2019누12275

보상금 증액의 소

Text

The plaintiff's appeal and the claim extended by this court and the claim added in both preliminary cases are dismissed.

Reasons

The reasoning for the court’s reasoning for this part of the judgment on the primary claim is as stated in the reasoning of the judgment of the court of first instance, except for the case where each “this Court” of the 3rd 5,8th 5,00 of the judgment of the court of first instance is both “the court of first instance” and “the court of first instance.” Thus, it is justifiable for the court to have accepted the claim as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (the Plaintiff extended the amount of the claim for compensation for loss of the above obstacles to KRW 158,857,142 on the premise that the instant obstacles fall under separate objects of compensation. However, even if the evidence submitted additionally to the court was examined, the judgment of the court of first instance that the instant obstacles cannot be viewed as separate objects of

Therefore, the plaintiff's appeal and the main claim expanded by this court are without merit). The plaintiff asserts that the defendant's removal of the obstacles of this case without compensation constitutes a civil tort, and the defendant should compensate the plaintiff for the amount of damages recognized as reasonable by considering the purport of the whole pleadings and all the circumstances recognized as the result of the examination of evidence pursuant to Article 202-2 of the Civil Procedure Act.

However, as seen earlier, insofar as the obstacles of this case cannot be assessed as separate losses compensation, the Defendant removed the obstacles of this case without prior compensation.

Even if it does not constitute a civil tort, it cannot be considered as a tort.

Therefore, the plaintiff's above assertion is without merit.

In conclusion, the judgment of the court of first instance is just, and since all the plaintiff's claims extended in this court and claims added in preliminary one are without merit, all the plaintiff's appeal and claims extended in this court and claims added in preliminary one are dismissed.