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(영문) 서울고등법원 2018.05.10 2017나2061325

손해배상(기)

Text

1. Of the part against Defendant Republic of Korea of the first instance judgment, the following amount of payment order is applicable.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the part which is described in paragraph (2) below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. According to the fourth instance judgment of the first instance, “the land of this case 1 through 5” was removed as follows: “The land of this case 1, 2, 3, 5 and the land of this case 243 square meters AE AE-si in Namyang-si (the land above was divided into the land of this case 4 and 6 on December 10, 2016; hereinafter “the land of this case 4 and 6”)”; and “the land of this case 1) at the fourth bottom of the first instance judgment shall be removed.” 2 and 6, 7, 3, 8, 3, 8, 3, 8, 1 through 1, 4, 1, 3, 1, 4, 1, 3, 1, 4, 1, 4, 1, 3, 1, 4, 1, 3, 4, 1, 1, 3, 4, 1, 4, 1, 3, 4, 1, 3.

【2) The base point of time for calculating the amount of damages due to a tort is the time of tort. However, in cases of time interval between the time of tort and the time of occurrence of the result, the point of time for calculating the amount of damages due to the tort is the time of completing the tort in view of the completion of the tort at the time of occurrence of the result (see, e.g., Supreme Court Decision 2005Da45605, Jun. 15, 2007). Therefore, in this case, with respect to land of this case 1, 2, and 3, the amount equivalent to the market price as of April 10, 2014 (the date of gratuitous reversion) at which the Plaintiffs lost ownership of each of the above land, and with respect to land of this case 4, 5, and 6, the amount equivalent to the market price as of June 3, 2011 (the market price as at the time of adjudication) where the Plaintiffs lost ownership