[이주권확인][집35(2)특,441;공1987.8.15.(806),1255]
The purpose of the relocation measures under the Public Loss Compensation Act and the premise of the relocation plan;
Article 8 of the Special Act on the Compensation of Public Loss, Articles 5 and 6 of the Enforcement Decree of the Special Act on the Compensation of Land, etc. for Public Works, for those who are deprived of their base of livelihood due to the provision of land, etc. necessary for the implementation of the public project, the project operator shall, in consultation with the head of the competent local government, have the project operator set up and implement the measures. This is premised on the fact that the project operator compensates for and acquires the land, etc. necessary for the
Articles 8, 2, and 3 of the Act on Compensation for Public Loss, Article 5 and Article 6 of the Enforcement Decree of the Act on Compensation for Public Loss.
[Judgment of the court below]
Attorney Jin-jin et al., Counsel for defendant-appellant
Gwangju High Court Decision 86Gu79 delivered on November 20, 1986
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
As to the Plaintiff’s ground of appeal
Article 8 of the Act on Special Cases Concerning the Compensation for Public Loss and the Compensation for Losses, Articles 5 and 6 of the Enforcement Decree of the Act on Special Cases Concerning the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and Compensation for Loss and the Compensation for Loss and Compensation for Loss and the Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss caused by the provision of land necessary for the implementation of the public project
According to the court below's determination, the defendant should have no right to assert the execution of the relocation measures stipulated in the above Act on Special Cases, since the defendant confirmed the plaintiff's house located in the development restriction zone as the object of removal according to the Jeju Airport Extension Project, and requested the consent of the compensation, but the defendant did not comply with the request.
The judgment of the court below also has the same meaning as above, and there is no error of law such as misunderstanding of legal principles and incomplete hearing such as the theory of lawsuit. The arguments are groundless.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-chul (Presiding Justice)