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(영문) 서울고등법원 2017.02.09 2016누63301
손실보상재결신청기각처분취소 등 청구의 소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

Reasons

Facts of recognition

The Plaintiff completed the registration of ownership transfer on February 19, 2013, with respect to each of the following land owned by the Plaintiff on February 19, 2013: (a) the sale of the Plaintiff’s land category by voluntary auction on February 19, 2014, 714/71680 prior to the 2C preceding 546/1680 of the sale by voluntary auction on February 19, 2013, 714/71680 prior to the sale on February 19, 2014, 714/1680 prior to the 4E sale by voluntary auction on February 19, 2013, 714/1680 prior to the 4E61680/71680 prior to the 5F 531680/71680 prior to the sale by voluntary auction on February 19, 2013.

Meanwhile, the primary bank built in the year 1952 to 1960, the river to which the provisions are applied mutatis mutandis, and the J bank built in the year 1965 to 1972, and the K bank built in the year 1985, respectively. According to the H river ledger prepared by the Defendant around December 12, 1989, the entire land of this case is indicated as included in the H river section.

On June 3, 2014, the progress of the relevant civil procedure and the Plaintiff filed a lawsuit against the Defendant seeking compensation for losses on the ground that the Plaintiff suffered losses as a result of the Plaintiff’s inclusion of each of the instant lands into H into the instant land and resulting in the Plaintiff’s failure to use and benefit from each of the said lands (Ji District Court Decision 2014Kadan19403).

On November 27, 2014, the High Court rendered a ruling dismissing the Plaintiff’s lawsuit on the ground that it is unlawful that the Plaintiff’s lawsuit is not subject to civil litigation, and the above ruling became final and conclusive around that time.

On April 23, 2015, the adjudication date of the Central Land Expropriation Committee on the compensation for losses related to river projects (local rivers H): The ground for rejection of the claim for compensation for losses is that the plaintiff cannot be deemed to have suffered losses without any fact that he/she performed river works after acquiring each land of this case.

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