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(영문) 대전고등법원(청주) 2015.08.26 2014누5768

토지보상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasoning of the judgment of the court of first instance is as follows: “The land subject to compensation under the Act on Special Measures shall not be deemed to have been registered in light of the legislative purpose of the Act on Special Measures or the language and text of relevant provisions”; “B” shall be based on the price on the date of notification or public notice of the procedure for claiming compensation pursuant to Article 6(1) of the Act on Special Measures, and shall be based on the price on the date of notification or public notice of the procedure for claiming compensation pursuant to Article 6(1) of the Act on Special Measures, in cases where a claimant seeking an administrative litigation against the Mayor/Do Governor directly due to the lack of notification or public notice of the procedure for claiming compensation pursuant to the Act on Special Measures, calculating the amount of compensation as at the time of appraisal for the said land; “The land incorporated into a river shall not be deemed to have been limited to the registered land in light of the legislative purpose of the Act on Special Measures or the language and text of relevant provisions; and “B” shall not be deemed to have been unlawful even if there is no change in the price in the public law on the land.

If so, the decision of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.