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(영문) 서울고등법원 2015.10.30 2015나2014639

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is the same as the corresponding part of the judgment of first instance, except for the dismissal as follows:

It is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The first-class 1 to 9 of the first-class judgment are as follows.

Even if an administrative disposition can be judged as unlawful as a result, it cannot be readily determined that the administrative disposition promptly constitutes a tort because it was caused by a public official’s intentional or negligent act. It satisfies the requirements for State liability under Article 2 of the State Compensation Act to the extent that such administrative disposition is deemed to have lost objective legitimacy by breach of duty of care. In such a case, whether it has lost objective legitimacy ought to be determined by whether there exists a substantial reason for imposing liability for compensating for damages on the State or local governments by taking into account various circumstances, such as the form and purpose of the administrative disposition that constitutes an infringement, the degree of involvement in the victim and the degree of involvement, the type of gains infringed and the degree of losses (see, e.g., Supreme Court Decisions 9Da70600, May 12, 200; 2013Da206368, Nov. 14, 2013).

B. The following is added at the end of the fourth page of the first instance judgment.

"(2011-Gu 15435, 2012-Gu 3231 and 2011-Gu 33020 cases among the above cases are all dismissed at the appellate court, and are currently pending in Supreme Court Decision 2015Du868, 2015Du356 and 2015Du2826 at the present appellate court. However, in the case of 2012-Gu 19120, the appellate court was sentenced to the revocation of the first instance judgment and the dismissal of the plaintiff's claim, and is pending in Supreme Court Decision 2015Du2734 Decided 2734)."

2. In conclusion, the plaintiff's claim should be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed.