logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1987. 6. 23. 선고 86누875 판결
[이주권확인][집35(2)특,441;공1987.8.15.(806),1255]
Main Issues

The purpose of the relocation measures under the Public Loss Compensation Act and the premise of the relocation plan;

Summary of Judgment

Article 8 of the Special Act on the Compensation of Public Loss, Articles 5 and 6 of the Enforcement Decree of the Special Act on the Compensation of Land, etc. for Public Works, for those who are deprived of their base of livelihood due to the provision of land, etc. necessary for the implementation of the public project, the project operator shall, in consultation with the head of the competent local government, have the project operator set up and implement the measures. This is premised on the fact that the project operator compensates for and acquires the land, etc. necessary for the

[Reference Provisions]

Articles 8, 2, and 3 of the Act on Compensation for Public Loss, Article 5 and Article 6 of the Enforcement Decree of the Act on Compensation for Public Loss.

Plaintiff, the deceased and the deceased

[Judgment of the court below]

Defendant-Appellee

Attorney Jin-jin et al., Counsel for defendant-appellant

Judgment of the lower court

Gwangju High Court Decision 86Gu79 delivered on November 20, 1986

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

As to the Plaintiff’s ground of appeal

Article 8 of the Act on Special Cases Concerning the Compensation for Public Loss and the Compensation for Losses, Articles 5 and 6 of the Enforcement Decree of the Act on Special Cases Concerning the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and the Compensation for Loss and Compensation for Loss and the Compensation for Loss and Compensation for Loss and the Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss and Compensation for Loss caused by the provision of land necessary for the implementation of the public project

According to the court below's determination, the defendant should have no right to assert the execution of the relocation measures stipulated in the above Act on Special Cases, since the defendant confirmed the plaintiff's house located in the development restriction zone as the object of removal according to the Jeju Airport Extension Project, and requested the consent of the compensation, but the defendant did not comply with the request.

The judgment of the court below also has the same meaning as above, and there is no error of law such as misunderstanding of legal principles and incomplete hearing such as the theory of lawsuit. The arguments are groundless.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-chul (Presiding Justice)

arrow
심급 사건
-광주고등법원 1986.11.20선고 86구79