잔여지가치하락 손실보상금 청구
All appeals are dismissed.
The costs of appeal are assessed against each party.
The grounds of appeal are examined.
1. The lower court determined as to the Defendant’s ground of appeal, on March 28, 2008, determined that the Defendant’s “land compensation-related work” entrusted by the Minister of Land, Transport and Maritime Affairs with respect to the implementation of “J Highway private investment project” by the Minister of Land, Transport and Maritime Affairs, includes not only the duty of compensation for incorporated land itself, but also the duty of compensation for the remaining land under Article 73 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).
The judgment below
Examining the reasoning in light of the relevant Acts and subordinate statutes and legal principles, the lower court did not err by misapprehending the legal doctrine on the duty to compensate for losses incurred by public works.
2. Judgment on the Plaintiffs’ grounds of appeal
A. (1) The Land Compensation Act provides that when the price of remaining land is reduced or other losses are incurred due to the acquisition or use of part of a group of land belonging to the same owner, or when the construction of a passage, ditch, fence, etc. or other construction works are necessary on the remaining land, the project operator shall compensate for such losses or construction costs;
(Article 73 (1) (main sentence). However, there is no express provision as to when damages for delay in the compensation occur.
Damages for delay are damages caused by delay (Article 392 of the Civil Act). If damages for delay occur, the obligation shall be established and the due date shall become due.
(Article 387 of the Civil Act). Therefore, in order to determine at any time whether damages for delay in the remaining land under the Land Compensation Act accrue from the time, two requirements should be divided and examined.
(2) First, we examine the timing of occurrence of the obligation to compensate for the remaining land.
A project operator shall acquire or use part of a group of land belonging to the same owner.