재결신청거부처분 취소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the judgment of the court of first instance and its modification in this case are modified as follows, and the reasoning of the judgment of the court of first instance are the same as that of the judgment of the court of first instance except for addition as stated in paragraph (2). Thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence
On the 4th day of the first instance judgment, the part on “the instant land falls under the unclaimed land,” and the part on “the instant land is newly incorporated into the instant business,” from 8 side to 4,5 side. On the 8th day of the first instance judgment, the additional judgment of this court [the Plaintiff’s assertion] on the ground that the Defendant’s possession constitutes an illegal possession, and thus, the presumption of autonomous possession is reversed.
[Judgment] The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. However, the first instance court's decision rejecting the plaintiff's assertion is justified even if all the evidence submitted in the first instance court were examined.
[Plaintiff’s assertion] It is difficult to view that the Defendant lawfully deposited the compensation in accordance with the requirements and procedures prescribed by law in the process of acquiring the instant land and depositing the compensation money.
In light of these circumstances, the defendant's assertion of prescriptive acquisition is against the good faith principle when he knows that the deposit is null and void.
[Judgment] The principle of trust and good faith under the Civil Act is an abstract norm that a party to a legal relationship should not exercise the other party’s right or perform his/her duty in a way that violates the principle of trust and good faith, taking into account the other party’s interest. In order to deny the other party’s exercise of right or refuse to perform his/her duty, the other party granted such trust
It must be in a reasonable state that it has such belief from an objective point of view, and the other party exercises its rights against such belief or faith.