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(영문) 대전고등법원 2017.03.30 2016누12507

손실보상금

Text

1. Of the part concerning plaintiffs C, D, E, F, and G in the judgment of the court of first instance, the amount exceeding the amount ordered to be paid below.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the court of first instance misleads the court of first instance as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2.Nos. 5, 1, and 2 shall be deleted from the part to be dried and the following shall be added:

F. From 2007 to the Waste Facility Promotion Act and the instant Operating Convention, the Defendant began to pay the subsidy per household to local residents of the affected neighboring areas of the instant I, and completed the payment of the subsidy by 2014. The Defendant divided the affected adjacent areas of the instant I into four villages, including J, L, M, Ma, and the Nuri-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and divided the affected adjacent areas of the instant I into four villages, and paid the total amount of the subsidy allocated to each village by household, among the residents of the relevant village, by dividing it into the number of households meeting the requirements of local residents

G. The Plaintiff A and the YYO and B, who had been the resident registration move-in report, were both the YY-gun and the YY-gun P, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do (hereinafter referred to as the “J”) and all of them belong to the JJ-gun, Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-do. The J has been allocated a total of KRW 2,032,097,60, and the 40 households, each of which was recognized to fall under the residents of the instant operational agreement (i.e., KRW 50,802,440,000 (= KRW 2,032,097,600 ± 40 households).

In Part 5, "No. 14" was added to "No. 8-1 and 4 of Part A, and "A 14" was added to "A 7, 12, 6, 2, 3, and 4-5, respectively. Each "Yusan-gun Qu, Chungcheongnam-gun, Chungcheongnam-do" was fixed to "Ji", and "Yu-gun, Chungcheongnam-do" was added to "Yu-gun, 6, 14-19. If so, "B" is eligible for a resident subsidy under the Operating Convention, as follows.