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(영문) 울산지방법원 2020.10.15 2019나14776
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and even if the evidence submitted to the court of first instance is examined, the fact-finding and judgment of the court of

Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the judgment on the argument that the plaintiff emphasizes in the trial of the court, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.

(hereinafter the meaning of the abbreviationd language used in this section is the same as that of the first instance judgment). 2. Additional parts

A. The instant development project alleged by the Defendant constitutes the alteration of public works under Articles 91(6) and 4 subparag. 3 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8656, Oct. 17, 2007; hereinafter “former Land Compensation Act”), and thus, the Plaintiffs’ repurchase right itself does not accrue.

B. We examine whether the change of the public works constitutes the change of the public works, and the so-called “the change of the public works” under Article 91(6) of the former Land Compensation Act is permitted only when the State, a local government, etc. has acquired land by consultation or expropriated the land with the approval of the project, and the change is permitted to other public works under subparagraphs 1 through 4 of Article 4 of the former Land Compensation Act, which are highly public interests (see, e.g., Supreme Court Decision 94Da31310, Feb. 10, 1995). In full view of the following circumstances, the development project of this case does not constitute the change of the public works.

① In order to recognize the conversion of public works under Article 91(6) of the former Land Compensation Act, the existing public works should be changed to any other public works provided for in subparagraphs 1 through 4 of Article 4 of the former Land Compensation Act.

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