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(영문) 대전고등법원 2018.08.29 2018누10284

보상금증액

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.

Reasons

After remanding, the Plaintiff sought payment of KRW 900,320,050 to the instant claim, and the first instance court rendered a judgment that “the Defendant shall pay KRW 369,141,950 to the Plaintiff.”

Accordingly, the plaintiff and the defendant appealed respectively, and the court before the remand dismissed all the appeals of the plaintiff and the defendant.

In other words, as a result of appeal by the plaintiff and the defendant, the Supreme Court reversed and remanded the part against the defendant prior to the remand and dismissed the plaintiff's appeal.

Therefore, since the part against the plaintiff in the judgment before remand was already finalized, the scope of the judgment of this court after remand is limited to the above part of the reversal and return (369,141,950 won) against the defendant in the judgment before remand.

The following facts in the course of ruling do not conflict between the parties, or each entry in Gap evidence Nos. 2, 3, 12, 14, 15 (if there are serial numbers, including each serial number; hereinafter the same shall apply) and Eul evidence Nos. 3 through 5 may be acknowledged by considering the whole purport of the pleadings.

Project approval and public announcement - Project name: Urban planning facility project (B parking lot creation work; hereinafter referred to as the "project in this case"): Defendant - Public announcement: The adjudication on expropriation on March 19, 2015 by the Land Tribunal of Daejeon Daejeon Metropolitan City announced on December 18, 2014 - Land Tribunal of Daejeon Daejeon Metropolitan City (hereinafter referred to as the "D site") which is owned by the Plaintiff - Parking lot 1,211 square meters in E parking lot (hereinafter referred to as "E parking lot"), 1,211 square meters in aggregate of D site (hereinafter referred to as "land subject to expropriation"), obstacles - Date of expropriation: Amount of compensation on April 23, 2015 - Amount of compensation: 679,263,100 (D site among the above compensation amount: 128,908,000, 513, 585, 105, and 206, 300, 270, 270, -106,