손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for the court's explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the following judgments as to the expiration of the extinctive prescription of the right of repurchase claimed in addition to the court of first instance. Thus, it is citing this as is in accordance with the main sentence of Article 420 of the
2. In addition, the defendant asserts the short-term extinctive prescription of the claim for damages due to a tort on the premise that the repurchase right should be exercised within one year from the time all or part of the pertinent land becomes unnecessary, and the plaintiff's claim for damages has become extinct by the extinctive prescription.
However, the meaning of Article 91 (1) of the Public Works Act provides that "the land may be repurchased within one year from the date when all or part of the land in question becomes unnecessary or within ten years from the date of its acquisition" means that where the land is no longer necessary within ten years from the date of acquisition, the repurchase right may be exercised within one year from the time of acquisition, and where ten years have not passed from the date of acquisition, the repurchase right holder shall be entitled to exercise the repurchase right lawfully (see, e.g., Supreme Court Decision 2010Da30782, Sept. 30, 2010). Since the above legal principle merely neglects the defendant's duty to notify the repurchase right in this case, the plaintiff's loss of the right to claim damages to the land in question, as the plaintiff loses the right to claim the repurchase from the date when ten years have elapsed from the date of acquisition through consultation or expropriation of each land in this case, and the damage to the land in this case shall not be incurred to the plaintiff's loss of the right to claim the repurchase right in this case.