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(영문) 서울고등법원 2018.05.01 2016누70293

보상금증액

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts based on which evidence Nos. 1 through 4, each entry of evidence Nos. 1 through 1 and 3, and the purport of the whole pleadings;

A. The Defendant is a project implementer of the Housing Site Development Project in the Zone B (Public Notice of the Ministry of Land, Transport and Maritime Affairs, D, August 5, 2008; hereinafter “instant project”). The Plaintiff is a person who has installed a plastic house, etc. on the ground of the 6,091m2 (hereinafter “instant land”) located in the project district of this case, Sungnam-gu, Sungnam-si, Seoul, which is incorporated into the project district of this case and has engaged in the

B. On December 29, 2009, the Plaintiff limited the object of seeking compensation for the sale loss of the farm machinery to each of the above items indicated as "O" on the same list of obstacles containing 107 items, including the following items: < Amended by Presidential Decree No. 23420, Jul. 8, 2016; Presidential Decree No. 23488, Jul. 29, 2009; Presidential Decree No. 24470, Dec. 28, 2009; Presidential Decree No. 24475, Feb. 29, 2009; Presidential Decree No. 2447, Feb. 29, 2016; Presidential Decree No. 24477, Feb. 27, 2016>

Article 2 Compensation (including business compensation in case of business compensation; hereinafter the same shall apply) for the land subject to compensation shall be 322,478,120 won.

Article 5 (Removal, Relocation, etc.) (1) The Plaintiff shall completely remove or move the subject land at its disposal until May 31, 2010.

(1) In the event that the plaintiff fails to remove or transfer the subject subject matter within the period prescribed in Article 5, the defendant may remove or take procedures for compulsory execution, etc. on behalf of the plaintiff, and the plaintiff does not raise any objection thereto.

(2) If the damage was incurred to the defendant due to the failure of the plaintiff to complete the removal or transfer of the subject matter design within the period specified in Article 5, the plaintiff shall compensate for it.