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(영문) 서울고등법원 2018.07.18 2018누30589
환지청산금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except where the following is added, since Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are the same.

[Additional Part] Meanwhile, even if the instant association failed to perform the duty of entrusting the registration of land substitution, the deceased and their inheritors continued to use and make profits from the land after land substitution, and still disposed of it.

Therefore, even though the association of this case lost an opportunity to dispose of the land after the nonperformance of the duty to commission the registration of replotting, or suffered disadvantage in not receiving the price from time to time, it is difficult to deem that the damage was caused as long as it did not exceed the occupation profit gained while holding the land after replotting

Even if the damage occurred due to the disadvantage exceeding the occupation and use interest of the snow company, such damage is a loss due to special circumstances, and the association of this case shall be liable only when it knew or could have known such circumstances. There is no evidence to prove that the association of this case knew or could have known the above circumstances.

The Defendants’ assertion on this part cannot be accepted in this respect.

2. In conclusion, the judgment of the court of first instance is legitimate, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.

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