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(영문) 서울고등법원 2016.09.01 2015누54935

손실보상금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

The argument in the appellate court of the plaintiffs cited in the judgment of the first instance was that "a large-scale development project, such as the Z Bogeumjari Housing project and the Y Bogeumjari Housing project, was scheduled to be implemented in the vicinity of the project area of this case as of July 6, 2012, which is the public announcement of the project approval of this case, and a large-scale development project, such as AAAA city development project and the subway AB construction in Songpa-gu Seoul, is planned or in progress, and thus, in assessing each land subject to expropriation of this case, the land price increase due to the development project that is in progress in the whole project area of this case from January 1, 2012 to February 20, 2014 shall be reflected in the assessment of each land subject to expropriation of this case."

However, even based on the evidence submitted by the Plaintiff in the first instance trial and the evidence Nos. 5 and 6 additionally submitted by the appellate court, it cannot be deemed that development gains have occurred that could affect the increase in land prices of each land to be expropriated in the instant case.

Therefore, the court's explanation of this case is identical to the part of the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

In conclusion, the judgment of the first instance court is justified, and all appeals by the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.