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(영문) 서울고등법원 2016.04.29 2014나2031422
손해배상(기)
Text

1. The decision of the first instance court, including the plaintiffs' claims changed in the trial, shall be modified as follows:

Reasons

1. The reasons why the court states this part of the basic facts are different.

Paragraph 1, “Inheritance Relations” portion (as of January 17, 201, No. 17 through No. 9 of the judgment of the court of first instance) (as of January 17, 201, D has died and succeeded to D’s inheritance or substitute succession by Plaintiff CD, CE, CF, CG, CH, CI, CJ, and CJ. Since E died on or around December 7, 2010, its children agreed upon division of inherited property in order for Plaintiff DB to succeed to the claim of this case solely. As of December 7, 2010, the first instance court’s “this court” under Section 5 of the judgment of the court of first instance as “court of first instance” is identical to the statement “1. The first instance court’s “basic facts” (as of subparagraphs 16 through 5 of the judgment of the court of first instance)” (as of December 2, 2010, the first instance court’s judgment is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Whether liability for damages arises;

A. Whether each owner of each of the instant lands has a repurchase right and its time 1) the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 11017, Aug. 4, 201); hereinafter “Public Works Act”).

Article 91(1) provides, “Where all or part of the acquired land becomes unnecessary due to a discontinuation, alteration or other causes of the relevant project within 10 years from the date of acquisition through consultation or the date of expropriation of the land (hereinafter “acquisition date”), the landowner at the time of the acquisition date or his general successor may repurchase the land by paying to the project operator an amount equivalent to the compensation paid for the relevant land, within one year from the date when the whole or part of the relevant land becomes unnecessary, or within 10 years from the date of its acquisition.” However, the laws, which the Defendant had enforced at the time of acquisition of ownership of each of the instant land, are the Land Expropriation Act (amended by Act No. 6656, Feb. 4, 2002; hereinafter “former Land Expropriation Act”).

The Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (amended by Act No. 6656 of Feb. 4, 2002) shall apply.

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