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(영문) 대법원 2019.06.13 2017두46431
수용보상금증액청구
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, Article 67(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) provides, “The amount of compensation shall be calculated based on the price at the time of consultation in cases of consultation, and on the price at the time of adjudication on expropriation or use in cases of adjudication, and on the price at the time of adjudication on expropriation or use in cases of adjudication,” and Article 70(2) of the same Act provides, “The amount of compensation for land shall be calculated by taking into account the actual conditions of use at the time of price and objective situations based on the general method

On the other hand, if hidden defects are discovered in the land subject to expropriation after the adjudication of expropriation was made, from the perspective of fairness, if the appeal period has not yet elapsed, it is reasonable to view that public project operators can file an administrative suit on the ground of reduction of compensation for losses through an objection to the adjudication on the ground of

(2) In a case where a seller of a parcel of land buried in a large quantity of wastes due to the purchase and sale of a defective parcel of land (see, e.g., Supreme Court Decision 98Da58511, Jan. 16, 2001). In a case where a seller of a parcel of land sold a large quantity of wastes with a clearance, covered by earth and sand, and sold it under the premise that it is a normal land between a public project operator and a public project operator that implements an urban planning project, thereby causing damage equivalent to the waste disposal cost of the parcel of land, the seller is liable to compensate for damages due to nonperformance of obligation as a matter of an incomplete performance, and this is recognized concurrently with the warranty liability under Article 580 of the Civil Act due to the purchase and sale of the defective parcel of land (see, e.g., Supreme Court Decision 2002Da51

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