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(영문) 서울고등법원 2013.05.02 2012나36335
손실보상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why this court should explain concerning this part of the basic facts are as follows: (a) adding “land use right” (hereinafter “instant land use right”) to “land use right” under Section 7 of Section 2 of the judgment of the court of first instance; and (b) modifying “524 measure” under Chapter 13 to “instant measure”, it is identical to the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. Determination as to the claim for damages

A. The purport of the Plaintiff’s assertion is to restrict the exercise of property rights, such as real estate development projects in the Gsung Industrial District, by an administrative disposition of the Minister of Unification, not in the form of a law or a presidential emergency order, and procedurally unlawful. Article 3(2) of the GIC Support Act (hereinafter “GIC Support Act”) Article 3(2) of the GIC Support Act provides that the Government shall endeavor to create conditions for the development of the GIC and companies’ business activities so that the business activities can be promoted consistently based on economic principles and corporate autonomy.

In addition, it violates the principle of trust protection against the trust formed through the defendant's series of measures concerning investment in the GIC for a long time, and there is a defect as a means unsuitable for achieving the purpose of North Korea sanctions, and the compensation for the damage of the plaintiff et al. should have been considered in accordance with Article 26 (1) of the Inter-Korean Exchange and Cooperation Act and Article 39 (2) of the Foreign Trade Act, which constitutes an unlawful act by intention or negligence, and even if the instant measure is a governing act, it is subject to judicial

Therefore, as damages to the Plaintiff, the Defendant’s investment amount of KRW 646,297,530 (land use right amounting to KRW 546,297,530) invested by the Plaintiff to secure the land use right of this case and to build a new building ( KRW 100,00,000) exceeds the amount due to the measure of this case.

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