Whether the director of the division affiliated with the National Hoho Hospital has the authority to receive the declaration of the intention of reservation concerning the receipt of deposit money for the original Minister who is an enterprise.

The head of the division belonging to the National Hoho Hospital shall not have the authority to receive any objection to the receipt of deposit money for the Minister as an enterprise.

Articles 61(2) and 73 of the Land Expropriation Act

Supreme Court en banc Decision 82Nu197 Decided November 9, 1982

Plaintiff 1 and two others

Central Land Tribunal (Law Firm Yangyang et al., Counsel for the plaintiff-appellant-appellant)

Seoul High Court Decision 82Nu1015 decided Dec. 6, 1983 (Supreme Court Decision 82Nu197 Decided November 9, 1982)

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

We examine the plaintiffs' grounds of appeal.

With respect to No. 1:

In accordance with the court below's evidence, the plaintiffs confirmed that the original Minister, a business operator, received the full amount of the adjudication compensation deposited pursuant to the provisions of Article 61 (2) 1 of the Land Expropriation Act without having expressed his/her intent of reservation, and rejected the witness's testimony and part of the testimony of non-party 1 and non-party 2, and the result of the self-examination before the remand of the plaintiff 1, who are non-indicted 1, a business operator, and the defendant 1 cannot believe the result of the self-examination after the remand of the plaintiff 1. It is clear that the plaintiffs rejected the argument of the theory of lawsuit that the plaintiff's assertion that he/she found the original Minister, a business operator, received the amount of the adjudication compensation deposited pursuant to the above decision of the court below, but did not receive it but receive it, and there is no error in the misapprehension of the judgment or the omission of the grounds for appeal.

With respect to the second ground:

In comparison with the records, the court below's rejection of the argument that the non-party 3, who had been the director of the National Hoho Hospital, was entitled to receive the declaration of intention of reservation on the receipt of deposit money for the corporate head, is just and there is no ground to view that there is no violation of the rules of evidence.

Therefore, the appeal is dismissed, and the costs of appeal are jointly borne by the losing parties. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Il-young (Presiding Justice)