If a landowner has received any increased additional compensation in an objection ruling during the continuation of the administrative litigation disputing the effect of the ruling on expropriation without reservation, whether the interest in the lawsuit exists if the landowner has received any increased additional compensation without reservation.

Even if a landowner expressed his/her intention of reservation at the time of receiving compensation for losses as prescribed by the adjudication of expropriation, unless he/she states his/her intention of reservation while receiving the increased compensation for losses in the adjudication of acceptance, it shall be deemed to have been received in return for the result of the adjudication. The fact that the administrative litigation disputing the said adjudication is pending at the time of receiving the said additional compensation cannot be deemed to have been the same as the declaration of intention of reservation as to the receipt of the additional compensation. Accordingly, the said lawsuit disputing the validity of the adjudication of acceptance of the additional compensation is illegal as it is a lawsuit that

Articles 61 and 75 of the Land Expropriation Act, Article 487 of the Civil Act

Supreme Court Decision 90Nu7203 delivered on June 11, 1991 (Gong1991, 1933) 90Nu7081 delivered on August 27, 1991 (Gong1991, 2446) 91Nu1342 delivered on October 13, 1992 (Gong192, 3154)

Plaintiff 1 and 5 others, Counsel for the plaintiff-appellant

Central Land Tribunal and one other

Seoul High Court Decision 91Gu9734 delivered on October 29, 1992

Plaintiff 6’s appeal is dismissed.

All other plaintiffs' appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

1. Judgment on Plaintiff 6’s appeal

According to the records, the above plaintiff's appeal is unlawful and its defect cannot be corrected. Since it is apparent that the lawsuit was withdrawn through a preparatory document as of February 11, 1992 as stated by the court below on the fifth day for pleading (2. 10:00 of February 13, 1992) of the fifth day for pleading, and accordingly the court below did not render any final judgment as to the above plaintiff.

2. Judgment on the grounds of appeal by the plaintiffs' attorney

The court below held that the non-party 1, 2, 3, 4, and 5 entrusted by the defendant 1 Republic of Korea with the business of acquiring the land, etc. of this case and paying the compensation for losses under the expropriation ruling of this case. The above plaintiffs expressed their intent of reservation that they will receive as part of the compensation for losses on June 1990 and received the deposit money. The above plaintiffs' objection was partially accepted on March 27, 191 by the Central Land Tribunal, which increased the compensation for losses, and the plaintiff 3 delegated by the plaintiff 1, 2, 4, and 5 filed a claim for additional payment of the compensation for losses under the adjudication of this case 90. The court below's decision that the above plaintiffs received the above additional compensation for losses on July 29, 191 was not erroneous in the misapprehension of legal principles as to the above plaintiff 1, 2, 3, 3, 4, and 90. The plaintiff 2 did not know that the above plaintiffs received additional compensation for losses from this case's 90.

The issue is that if the owner of the land to be expropriated receives the increased compensation for losses from the ruling on the objection, it is nothing more than criticism of the judgment below's legitimate decision, but it is not accepted.

The Supreme Court Decision 86Nu498 delivered on May 12, 1987, or Decision 88Meu1053 delivered on July 25, 1989, etc., which held that the case concerns other cases, is inappropriate to be invoked in this case.

3. Therefore, the appeal by Plaintiff 6 is dismissed, and all other plaintiffs' appeals are dismissed, and the costs of appeal are assessed against the losing plaintiffs. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon-young (Presiding Justice)