[보상금][집18(3)민,067]
(a) The case holding that there was an error of incomplete hearing in view of the fact that the land which became the basis of the division was determined as the next state-owned property and that it was not the next state-owned property;
B. The claim for compensation by the following report of state property occurs immediately if the head of the government office who received the report confirms that the reported property constitutes state property.
(a) (Destruction of the final judgment by the en banc Decision 72Da2503 dated March 13, 73)
In order for land, which is the basis of division, to be recognized as a concealed state-owned property, and divided land, which is divided after a grace period, is not a concealed state-owned property, the original court should consider whether the documents that served as the basis of dismissal have been supplemented or supplemented once to the head of the competent government office, and if the documents that served as the basis of the division have been supplemented or corrected, the basic land of the division shall be confirmed as a concealed state-owned property, and the reasons for disposal of the divided land
(b) Claims for compensation by reports on concealed State property shall occur immediately if the reported property becomes the State property if it becomes final that the reported property constitutes the State property.
Article 6 of Addenda to the State Property Act, Article 5 of Addenda to the Enforcement Decree of the State Property Act, Article 393 of the Civil Procedure Act
Supreme Court Decision 70Da735 Decided July 21, 1970
Jeonse tax administration
Korea
Seoul High Court Decision 70Na419 delivered on June 19, 1970, Seoul High Court Decision 70Na419 delivered on June 19, 1970
(1) The part of the original judgment against the Plaintiff is reversed, and that part is remanded to the Seoul High Court.
(2) The defendant's appeal is dismissed.
(3) The costs of appeal by the defendant are assessed against the defendant.
(1) First, we examine the Plaintiff’s appeal’s agent’s grounds of appeal.
The court below rejected the plaintiff's claim for compensation for this portion of the real estate in this case which the plaintiff reported that he was a state-owned property, Chungcheongnam-nam (16 large 153 square meters, 153 large 54 square meters, 153 large 17 large 43 square meters, 153 large 18 large 36 square meters, and 153-18 large 36 square meters, because the head of the government office under his control dismissed the plaintiff's claim for compensation for this portion of the real estate in this case, because the plaintiff supplemented it or has not been confirmed as state-owned property. However, the court below's claim for compensation for this portion of the real estate in this case can be recognized that the plaintiff submitted to the authorities on November 14, 1969, and it should be reversed, unless there were special reasons for the plaintiff's request for compensation for this portion of the real estate in this case's land in this case's 194 and Chapter 198 of the record).
(2) Next, the defendant's appeal is examined as the grounds of appeal by the defendant litigation performer in respect of the defendant's appeal. If the head of the government office in receipt of the report confirms that the reported property constitutes the state property, it should occur immediately if the government office in receipt of the report becomes final and conclusive that the reported property constitutes the state property, or even if the state fails to return the name in the public account book or is under the order to return it, it does not affect the right to claim compensation already occurred (see Supreme Court Decision 70Da735 delivered on July 21, 197,
Therefore, the appeal by the defendant is dismissed, and the costs of appeal by the defendant are assessed against the defendant. It is so decided as per Disposition by the assent of all participating judges.
The presiding judge of the Supreme Court (Presiding Judge)