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(영문) 서울고등법원 2016.08.26 2016누35856
손실보상재결처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. In the first instance trial, the Plaintiff filed a claim against the Defendant for compensation for losses from October 1, 200 to October 22, 2014 regarding each land listed in the separate sheet (hereinafter referred to as “each land in this case”; the first instance court dismissed the claim for compensation for losses from October 23, 2014 to October 22, 2014, on the ground that the part concerning the claim for compensation for losses after October 1, 200 to September 10, 200 were without going through a ruling; and (2) dismissed the claim for compensation for losses from October 1, 200 to September 10, 209 on the ground that the extinctive prescription has expired; and (3) partly accepted the claim for compensation for losses from September 11, 200 to October 22, 2014.

Since only the defendant appealed against this, the above part ①, ② and ③ the part partially dismissed are excluded from the scope of the trial in this Court, and only the cited part ③ are subject to the trial in this Court.

2. The reasoning of the judgment of the court of first instance, which cited the above judgment, is as follows, with the exception of adding the judgment of this court as to the defendant's assertion that the defendant raised again in this court, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance (2, 17 to 3, 15, 14 to 15, 6, 14 to 9, 12, 18, 12, 12). Thus, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act, and the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment added by this Court

A. Determination as to the defendant's assertion that the defendant is not the subject of compensation for losses, since it was not revealed whether it was a disposition or construction made by the Minister of Land, Infrastructure and Transport or a disposition or construction made by the defendant around 1961, the defendant is not liable to compensate for losses arising from the above removal works. 2) The former River Act (amended by Act No. 892 of Dec. 30, 1961), the proviso to Article 9 and Article 10, and the former Enforcement Decree of the River Act (amended by Presidential Decree No. 3533 of May 10, 196).

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