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(영문) 서울고등법원 2017.07.21 2017누44109

수용보상금증액등

Text

1. The following additional payments shall be made among the parts concerning the claims for delay, additional charges and delay damages in the judgment of the first instance.

Reasons

1. Scope of the trial of the political party after remand;

A. A. The summary of the case 1) The plaintiffs are owners of the land listed in the separate sheet, and the defendant is the project implementer of the D General Industrial Complex Development Project. 2) The plaintiffs filed a claim against the original defendant for the increase of compensation, 1,624, 808, 940 won, and 24,837,700 won for the plaintiff A clan (hereinafter referred to as the "Plaintiff clan") and damages for delay, 24,837,700 won, and damages for delay following the invalidation of the first adjudication on confinement, 2, the claim for additional dues for delay following the invalidation of the first adjudication on confinement, 2,182,746,603 won for the plaintiff clan, 447,26,305 won for the plaintiff clan and damages for delay.

3) On January 20, 2016, the court of first instance rendered a ruling that the claim for the increase in the amount of compensation among the plaintiffs' claims is dismissed, and that the defendant, which partly accepted the claim for additional dues, shall pay to the plaintiff's clan 597,77,18 won, 141,569,262 won among the plaintiffs and the defendants, and damages for delay against the above money. 4) The plaintiffs and the defendants appealed against the above judgment of the first instance court. The court of first instance, which is the legal ground of the judgment before the remand, dismissed all appeals by the plaintiffs against the claim for additional dues among the judgment of the first instance on November 3, 2016, and partially accepted the appeal by the plaintiffs, and ordered the plaintiff clan 1,447,00,168 won, and the defendant shall additionally pay to the plaintiff clan 305,657,043 won and damages for delay.

5. The defendant only filed an appeal against the judgment before remanding the case, and the Supreme Court accepted the defendant's appeal on the grounds that the defendant's appeal was accepted before remanding the case on the grounds that the late payment penalty was calculated including the period during which the late payment penalty was not incurred in calculating the late payment penalty on April 7, 2017, and reversed the judgment and the judgment remanded to this court

B. As seen earlier, the Plaintiffs claim the amount of compensation increase, which is the part against the Plaintiffs in the judgment before remanding the case, after the remanding the case.