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(영문) 대법원 1969. 3. 25. 선고 69다97 판결
[보상금][집17(1)민,382]
Main Issues

If the head of the relevant government office confirms that the state property is concealed, he/she shall immediately have the claim for compensation.

Summary of Judgment

If the head of the relevant government office confirms that the state property is the state property concealed, he/she shall immediately have the claim for compensation payment (as the en banc Decision 72Da2503 delivered on March 13, 73).

[Reference Provisions]

Article 6 of the Addenda to the State Property Act

Plaintiff-Appellee

Plaintiff 1 and one other

Defendant-Appellant

Korea

Judgment of the lower court

Seoul High Court Decision 68Na1575 delivered on December 20, 1968

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal by the defendant litigant are examined.

According to Article 6 (Enforcement Date of March 8, 1966), a reasonable amount of compensation may be paid to a person who discovered and reported on a concealed State property under the conditions as prescribed by the Presidential Decree. If the head of the pertinent government agency receives a report on the concealed State property under Article 5 (3) (Enforcement Date of Enforcement Rule of the State Property Act, which can be seen as the Presidential Decree) of the Enforcement Decree of the State Property Act, the amount equivalent to 20 percent of the value of the property shall be paid as compensation after confirming that the property is the State property. The purport of this provision is that if the head of the pertinent government agency confirms whether the reported State property is not the State property, the amount of compensation claim shall be created if the head of the pertinent government agency confirms that the state property is not the State property. Accordingly, even if the head of the pertinent government agency completed such confirmation, the act of confirmation of the pertinent government agency becomes invalid, and as such, it cannot be said that there is no error in the misapprehension of the legal principles as seen above.

Therefore, this appeal is dismissed as it is without merit, and the costs of appeal are assessed against the losing party.

This decision is consistent with the opinions of the involved judges.

The judges of the Supreme Court (Presiding Judge) of the Red Net Sheet

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