logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.05.02 2017나2053164
손해배상(기)
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 Plaintiff subject to the judgment of this court against the Defendant in relation to the claim for damages arising from the loss of the right of repurchase in the south-gu E Forest (hereinafter “instant forest”) and the claim for the return of unjust enrichment with respect to B forest and land, and the judgment of the court of first instance dismissed the claim for damages arising from the loss of the right of repurchase and accepted the claim for the return of unjust enrichment.

In this regard, since only the plaintiff appealed, the subject of the judgment of this court is limited to the damages claim due to the loss of the right of repurchase.

2. The reasoning of the judgment of the court of first instance, citing this judgment, is that part of the reasons of the judgment of the court of first instance, including the judgment on the party's assertion and evidence submitted in the trial, is the same as that of the relevant part of the reasons of the judgment of the court of first instance, except for the dismissal as set forth in the following paragraph (3). Thus, it is acceptable as it is by

3. Grounds of the judgment of the court of first instance No. 2-B for the dismissal.

The part of paragraph (4) (6) shall be filled with the following:

The repurchase right under the Land Compensation Act may be exercised when all or part of the acquired land, etc. becomes unnecessary due to the discontinuation, alteration, or any other cause of the relevant project. Here, the term "project in question" means a specific project which is an object of acquisition through consultation or expropriation, and the term "scale or alteration of the relevant project" means the commencement or alteration of such specific project, and the term "when the land, etc. acquired by the project operator becomes unnecessary" means a case where the need for use for the relevant project ceases to exist due to such reasons as the discontinuation, alteration, etc. of the project, which is the purpose of acquisition by the project operator, within a given period, and whether the acquired land is unnecessary or not, the purpose and contents of the relevant project, the details and scope of the acquisition, and the relevant land.

arrow