[토지보상금][공1976.5.15.(536),9107]
Article 9 of the State Compensation Act (hereinafter "the State Compensation Act") shall apply to a local government which illegally occupies private land.
Since a claim for damages against a local government which illegally occupies private land as a road site is illegal because a public official belonging to the above local government is responsible for the performance of his duties and damages to the landowner or other person, it shall be interpreted that the local government is responsible for compensation. Therefore, the requirements such as the decision of the compensation deliberation committee under Article 9 of the State Compensation Act should be satisfied.
Plaintiff
[Defendant-Appellee] Plaintiff 1 and 3 others
Daegu High Court Decision 74Na975 delivered on December 4, 1975
The part against the defendant in the original judgment shall be reversed, and the case shall be remanded to the Daegu High Court.
As to the ground of appeal No. 4 by Defendant’s Attorney
In light of the reasoning of the judgment below, inasmuch as the defendant did not take lawful procedures for the construction of roads and illegally occupies the land in the private land as the site of the road, the plaintiff did not enjoy profits from the loss of possession of the above land, and therefore, the court below determined that the plaintiff was liable to compensate the damage, and recognized that the defendant
However, as long as the defendant, a local organization, illegally occupies the land on the road site, it is interpreted that the public official under its jurisdiction should compensate for the damage, and the defendant, a local government, has the obligation to compensate for the damage. Accordingly, the lawsuit in this case is interpreted that the defendant, a local government, has the obligation to compensate for the damage, and the defendant, a local government, has to meet the requirements for the prior order, such as the decision to pay compensation for the compensation council in accordance with Article 9 of the State Compensation Act, as provided in Article 9 of the State Compensation Act.
Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.
Justices Kang Jin-hee (Presiding Justice)