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(영문) 서울고등법원 2019.01.22 2018누55144

손실보상금

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

1. The grounds alleged by the Defendant at the trial of the first instance do not differ from the allegations in the first instance court. The judgment of the first instance court that partially accepted the Plaintiff’s claim is justified even if the evidence submitted at the trial of the first instance is examined together with the Defendant’s assertion, and the written evidence submitted at the trial of the first instance, which additionally submitted at the trial of the first instance, is examined.

Accordingly, the reasoning for this case is that the court below stated as follows. The National Land Planning and Utilization Act of the 2nd sentence below is "the National Land Planning and Utilization Act" under the 2nd sentence of the judgment of the court of first instance, and the 3nd sentence " December 16, 2016" in the 7th sentence "the 13th sentence and 15th sentence "the project of this case" in each of the 13th sentence and 15th sentence "the park project of this case" respectively, and the 17th sentence "K" in the 4th sentence "S" in the 5th sentence "150m" in the 5th sentence, and the 7th sentence "the 50m" in the 7th sentence "the 20th sentence of the judgment of the court of first instance" should be understood as "the 5th sentence of this case's evaluation of the remaining land in the restricted green belt area" without considering the appraisal value of the appraiser's remaining land in this case and the 16th sentence of this case'the remaining appraisal area of this case's evaluation.

“The land shall be the same as or similar to the land subject to evaluation.”