Act to Restore Victim's Rights Infringed by Illegal Acts of the State During the Period of Authoritarian Rule Article 13

Where the target property in question is involved in a litigation for reasons of the implementation of provisions of the second part of Paragraph 1, Article 11 or Paragraph 1 of Article 12, or there is a situation in which a prior return of monetary compensation or reparation shall be made in accordance with provisions of Paragraph 2 or Paragraph 5 of Article 20, the applicant concerned may apply for monetary compensation instead of the return of the target property in question. The Restoration of Rights Foundation may not dismiss such an application without justifiable cause and shall revoke its original decision of ordering the return of the target property in question.Where the target property in question is involved in a litigation for reasons of the implementation of provisions of the second part of Paragraph 1, Article 11 or Paragraph 1 of Article 12 and the applicant concerned files an application for monetary compensation, the Restoration of Rights Foundation, after granting the monetary compensation in question, shall order the third party concerned to render a payment to the Restoration of Rights Foundation within a specific time period at the amount of the monetary compensation in question deducted by the repayments for the acquisition of the property by the third party concerned.A party that is obligated to return the target property in question that has paid for the expenses incurred by the use, alteration of the target property in question, or by the increase of its value, may apply to the Restoration of Rights Foundation for a reparation of the payment he/she had made. The said reparation shall not exceed the current value of the target property in question.Where the party that is obligated to return the target property in question is a public legal entity, Paragraph 3 of this Article shall not be applicable.
中文原文 威權統治時期國家不法行為被害者權利回復條例第13條
原財產有第十一條第一項後段或前條第一項之情形而涉訟,或依第二十條第二項、第五項規定應先返還賠(補)償金時,申請人得申請以金錢賠償代替返還原財產。
權利回復基金會無正當理由,不得拒絕,並應廢止返還原財產之決定。
原財產有第十一條第一項後段或前條第一項之情形而涉訟,申請人申請以金錢賠償者,權利回復基金會於給付金錢賠償後,應命該第三人於一定期間向權利回復基金會給付該金錢賠償之金額,但應扣除其取得該財產之對價。
原財產返還義務人已為財產之利用、改建或增值所支出之費用,得向權利回復基金會申請補償。
但以其現存之價額為限。
返還義務人為公法人時,不適用前項規定。

English translation for reference only; the Chinese text prevails. Not legal advice.