(영문) 대법원 2018.7.20.선고 2016두58796 판결

The part of the lower judgment against the Plaintiff regarding compensation for farming loss shall be reversed, and that part of the case shall be remanded to the Daegu High Court.

Reasons

The grounds of appeal are examined.

1. As to the second ground of appeal, the court shall consider the purport of the entire pleadings and the result of the examination of evidence in accordance with logical and empirical rules based on the ideology of social justice and equity. As such, unless it goes beyond the bounds of the principle of free evaluation of evidence, the value judgment and fact-finding belong to the discretion of the fact-finding court, and the fact-finding which the fact-finding court has legally affirmed is binding on the Re-appeal Court (Article 8(2) of the Administrative Litigation Act, Articles 202 and 43

The lower court determined to the effect that the amount of farming loss compensation against the Plaintiff cannot be calculated as actual income under Article 48(2) of the former Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 131, Oct. 22, 2014) due to lack of evidence to prove the actual income of the Plaintiff’s agricultural crops, and thus, it should be calculated pursuant to Article

The allegation in the grounds of appeal in this part is purporting to dispute the fact-finding that led to the lower court’s determination, and is merely an error in the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the relevant statutes and legal principles and the evidence duly admitted, the lower court did not err by omitting judgment as otherwise alleged in the grounds of appeal by misapprehending the legal doctrine regarding

2. Regarding ground of appeal No. 1

The lower court, while recognizing that the amount of farming loss compensation calculated as above is KRW 55,309,450, the lower court rejected the Plaintiff’s claim seeking payment of the amount of farming loss compensation, on the ground that the amount of farming loss compensation was included in the amount of compensation for the Plaintiff determined by the instant expropriation ruling and the instant adjudication without stating the specific reasons.

Therefore, this part of the judgment of the court below is erroneous in failing to state the reasons for the judgment, and the ground of appeal assigning this error is with merit.

3. Conclusion

The part of the judgment of the court below against the plaintiff regarding compensation for farming loss shall be reversed, and this part of the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.