Standard for calculation of damages due to illegal acts;

The actual amount of damages for the damage of water caused by a tort shall be determined by the price at the time of damage or destruction, but in cases where the damage of the fish room is claimed due to damage to the embankment of the fish farm, the amount of damages for a period of time may be calculated by calculating the value of the fish, i.e., the value of the fish, and the amount of construction expenses, until the damage is claimed from the time of the tort.

Article 709 of the Civil Act

Plaintiff

Attorney Kang-soo, Counsel for defendant-appellant et al., Counsel for the defendant-appellant

The Jeju District Court of the first instance, the Gwangju High Court of the second instance, the Gwangju High Court of the second instance 53 civil defense1 delivered on May 7, 1953

The main body is dismissed.

The costs of appeal shall be assessed against the defendant, etc.

The defendant et al.'s ground of appeal is that if the defendant et al. were not aware of the original facts of this lawsuit, it would be hard to find that the court below's order was unlawful because of the plaintiff's wrongful act, and that the defendant's act would be hard to find that the defendant's right would have been destroyed or damaged, and thus, it would be hard to find that the defendant would have been exempt from liability for damages due to the plaintiff's wrongful act, and that the court below's order would have no possibility of misunderstanding that the defendant's right would have been destroyed or lost (the court below's order would be hard to find that the court below's order was invalid because it would be hard to see that the defendant's right would have been destroyed or lost, and that the court below's order would have no possibility of misunderstanding of legal principles as to the above legal act, and that the defendant's act would have no possibility of breaking the original facts of evidence No. 2 and No. 3-1 to No. 4 of the court below's decision.

However, according to Article 4 of the case where the Do governor takes place at the local minister with regard to the reclamation of 10 information or less from among the matters belonging to the shipbuilding's authority under the Joseon Order for the reclamation of public waters. According to the facts duly established by the court below, the plaintiff's licence and authorization obtained from the Do governor to bring the land more than three times, and it is not reasonable that the plaintiff acquired the ownership of the land. As to the lawsuit (ii), the tenant's lease from the government authorities for the purpose of using the building on the ground of this case before salt is irrelevant to the acts of destroying the building on the ground of this case by the defendant et al., and the so-called infringement of rights by the defendant et al., constitutes a tort. There is no independent opinion that the court below is no legitimate and unreasonable in calculating damages due to the plaintiff's damage or destruction of the property at the time of the exchange of the land at the time, and the court below's decision that the damages can be determined by the standard amount of damages due to the plaintiff's damage or destruction of the land at the time of this case.

Justices Kim Jong-il (Presiding Justice) Kim Dong-dong Kim Jae-ho