1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for cases of cutting, deleting, or adding, as follows, and thus, it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used for cutting, deleting, or adding them;

A. Of the judgment of the court of first instance, the phrase “15,00,000 won for the molding construction cost for the land which has been mined at the same time” was deleted, and the phrase “125,347,890,000 won for 125,890,000 won for 15,000 won for 125,347,890,000 won for 125,890,000 won for 15,000 won for 125,237,000 won for 125,890,000 won for 125,890,000 won for 125,000 won for 124,000,000 won for 544,00,0000 won for 540,000 won for 530.

B. Of the judgment of the first instance court, the relevant provisions in Section 21 of the fifth instance court shall be amended to “the relevant provisions in Section 21” and shall be added as follows.

Even if any administrative disposition has been revoked in an appeal litigation after the relevant legal principles, it cannot be determined that the relevant administrative disposition is directly caused by the public official’s intentional or negligent act and constitutes a tort by virtue of res judicata.

In a case where the public official in charge of the administrative disposition is deemed to have lost objective legitimacy by failing to fulfill objective duty of care when considering the public official in general as the standard, it is reasonable to view that the public official in charge of the administrative disposition meets the requirements for state liability under Article 2 of the State Compensation Act.

In such a case, whether an objective legitimacy has been lost should be determined by whether there is a substantial reason to bear the responsibility for compensating for damages to the State or local governments, taking into account all the circumstances such as the type and nature of gains of infringement, the form and cause of administrative disposition being infringed, the victim's involvement in the exercise of administrative disposition, the degree and degree of damage, etc.

(See Supreme Court Decision 9Da70600 delivered on May 12, 2000). C.

Of the judgment of the court of first instance, "B" shall be added to "C" and "D."