[보상금][집19(3)민,022]
Since a claim for compensation for farmland and its affiliated facilities is extinguished by the Do of the exclusion period after March 13, 1969 when one year has elapsed since the date of enforcement of Article 11 of the Act on Special Measures for the Adjustment of Farmland Reform Projects, the claim for compensation for the farmland and its affiliated facilities becomes extinct by the Do of the exclusion period after March 13, 1969.
428. Compensation claims against farmland and its affiliated facilities are extinguished by the Do of the exclusion period after March 13, 1969, one year has elapsed since the enforcement date of this Act under this Article. Thus, even if the claim is based on the claim within that period and the purport of the claim is expanded after the expiration of that period, the claim for the excessive portion becomes extinct.
Article 11 of the Act on Special Measures for Adjustment of Farmland Reform Projects
【Court Decision 70Da737 delivered on September 29, 1970
Plaintiff
Korea
Seoul High Court Decision 71Na444 delivered on June 16, 1971, Seoul High Court Decision 71Na444 delivered on July 16, 1971
The original judgment shall be reversed, and
The case is remanded to Seoul High Court.
Judgment on the ground of appeal No. 1 by Defendant Litigation Performers
The judgment of the court below rejected the defendant's defense that "a claim for the expansion of the right to claim" is extinguished, and the defendant's claim for compensation for the facilities annexed to the farmland shall be filed within one year from the enforcement date of the Act pursuant to Article 11 of the Act on Special Measures for the Adjustment of Farmland Reform Projects. Thus, the plaintiff's claim for compensation for the above 39,506,50 won as the plaintiff's claim for compensation for the above 39,52,482 won after expanding the above 39,506,50 won after the above period of time. The plaintiff's claim for compensation for the above 39,506,50 won was extinguished by Article 11 of the Act, but the first claim for compensation for the above 39,506,500 won was within the statutory period since the defendant's exercise of the right to claim compensation for the above 30,500 won was within the statutory period of time, but even if the legal period of time has expired, the plaintiff's claim for compensation for the whole expansion of compensation for the above part cannot be applied.
However, according to Article 11 of the Act on Special Measures for the Adjustment of Farmland Reform Projects, a claim for compensation for farmland and facilities annexed to farmland purchased pursuant to Article 5 subparagraph 2 of the Farmland Reform Act shall be extinguished if it is not claimed within one year from the enforcement date of the above Act. The exclusion period shall be the exclusion period. After March 13, 1969 when one year has passed since the enforcement date of the above Act, the claim for compensation for part of the facilities is the claim for compensation after March 13, 1969, and even if the purport of the claim is revised based on the claim for compensation, the claim for part exceeding the compensation within the original period shall be extinguished due to the exclusion period (see Supreme Court Decision 70Da737, Sep. 29, 197). Thus, the original court rejected the above purport of the above rejection, and accepted the part of the claim after the extension period in opposition to the above purport, which affected the legal principles of Article 11 of the Act on Special Measures for the Adjustment of Farmland Reform Projects, which affected the judgment without merit.
Therefore, it is so decided as per Disposition by the assent of all participating Justices under Article 406 of the Civil Procedure Act.
Supreme Court Judges Yang Byung-ho (Presiding Judge) (Presiding Judge) and Kim Young-young