logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2008.04.24 2007나16212
부당이득금
Text

1. The plaintiff's appeal and the additional claim in the trial are dismissed, respectively.

2. The costs of appeal and the costs of appeal shall be considered in the trial.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in each entry in Gap evidence 1, evidence 2-1 to 3, evidence 3, evidence 4, and evidence 1 to 7.

Attached Form

Each of the lands indicated in the list (hereinafter “instant land”) was the land under the Plaintiff’s circumstances at the time of the land investigation, and was unregistered as it was at the time of the Plaintiff’s increase and decrease net B. After his death in 1913, he inherited the Plaintiff on June 30, 1950 through the Plaintiff’s Cho G and the Plaintiff’s father’s net H in sequence.

B. Article 5 of the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (amended by Act No. 4796 of Dec. 22, 1994; hereinafter “former Special Act”) (Article 5 of the former Special Act on the Acquisition of Land for Public Use and the Compensation for Loss) (1) Where a project operator intends to acquire or use land, etc. for the execution of a public project, he/she shall pay compensation to the legitimate right holder confirmed by the head of the relevant Gu, Mayor, or Eup/Myeon, as prescribed by Presidential Decree.

(2) The head of a Gu, the head of a Si, or the head of an Eup/Myeon who receives an application for the issuance of a written confirmation under paragraph (1) shall publicly announce such fact for 30 days and issue a written confirmation

(3) Any person who has an objection to the details of a public announcement under paragraph (2) may submit a written reason for objection to the head of the Gu, the head of the Si, or the head of the Eup/Myeon/Dong.

(4) When an objection under paragraph (3) is filed, the head of the Gu, the head of the Eup/Myeon shall confirm and confirm the fact within 20 days from the date the objection is received, and issue or apply for confirmation.

arrow