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(영문) 대법원 2017.12.22 2017다248315
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. After comprehensively taking account of the adopted evidence, the lower court acknowledged the facts as indicated in its reasoning, and determined that the Defendant was liable to compensate the Plaintiffs for damages incurred to the Plaintiffs pursuant to the former part of Article 2(1) of the State Compensation Act, on the ground that the Defendant suffered losses on the ownership of the instant land due to a series of illegal acts committed since around 1953, such as the Defendant’s unlawful detention of the deceasedV’s archeW, etc., by force the withdrawal or waiver of rights, etc., even though the deceasedV lawfully acquired the ownership of the instant land, which is a distributed farmland.

Furthermore, based on its stated reasoning, the lower court rejected the Defendant’s defense of extinctive prescription on the grounds that the instant lawsuit was filed before the lapse of five years from the filing date, deeming the time when the Plaintiffs suffered actual loss of the Plaintiffs’ loss of ownership as the date of the determination of the damages caused by the Defendant’s tort as the date of the determination of the damages caused by the Defendant’s tort.

In light of the relevant legal principles and records, although some of the reasoning of the court below is not appropriate, the above conclusion of the court below is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the starting point of extinctive prescription and the point of time for calculating

2. Meanwhile, in light of the relevant legal principles and records, the court below's failure to limit the liability to the defendant is also acceptable, and there is no error by misapprehending the legal principles on the limitation of liability, as otherwise alleged in the grounds of appeal.

3. Therefore, all appeals are 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 on the bench.

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