[보상금][공1980.1.1.(623),12335]
(1) The method of calculating compensation, where a State-owned share is found to be next State-owned shares;
If the plaintiff reported that the real estate owned by the non-party car sales company is a next state property, but the company's state-owned shares are discovered as a result of the investigation, the amount equivalent to 20 percent of the stock price shall be paid as compensation.
Article 6 of the Addenda of the former State Property Act (Act No. 1731 of Dec. 30, 1965)
Plaintiff
Korea
Gwangju High Court Decision 76Na275 delivered on February 23, 1979
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal are examined.
The court below determined that, as a result of the investigation conducted by the National Tax Service under the Korea National Tax Service on August 9, 1945, the above company was established in Korea before August 9, 1945 and was dissolved and its entire shares were owned by Japan, the entire shares were reverted to the State pursuant to Article 5 of the first Agreement on Finance and Property between the Korea and the Government of the United States of America, and Article 2 (3) of the Act on the Disposal of Property under the State Property, since the share composition ratio was listed in 20,000, 88 percent of total shares, and the above 88 percent of total shares was 12 percent of total shares, and the above 80 percent of total shares were 10,000, 300, 300, 60, 300, 80, 60, 80, 60, 80, 60, 60, 306, 80, 306, 60, 806, 7, 197.
In light of the record of recognition and judgment of the lower court, and the relevant provisions of the State Property Act and its Enforcement Decree, all of them were lawful, and were in violation of the evidence collection, or did not err by calculating the amount of compensation in violation of Article 6 of the Addenda to the State Property Act, Article 5 of the Enforcement Decree, Article 2(1) and (3) of the Act on the Disposal of Property Belonging, and Article 26(1)
The issue is groundless.
Therefore, the appeal shall be dismissed and the costs of appeal shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Ha-ju (Presiding Justice)