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(영문) 서울고등법원 2017.07.13 2016누78730

손실보상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

A. It was determined that the degree of the assessment is superior to G land. However, even though the standard of comparison is long as the degree of the assessment is applied to two sides, the actual passage of the vehicle is linked to the two sides. While U land is so long as the passage of the vehicle is impossible in the course of a lawsuit, it cannot be said that the attitude of the Supreme Court precedents cited by the Plaintiff is contrary to the attitude of the Supreme Court precedents cited by the Plaintiff, and the assessment of the degree of the degree is in the discretion of the appraiser and the assessment of the degree is lower than the Plaintiff’s assertion, it cannot be said that the above appraisal result is unlawful.

With respect to T land (Attached No. 10 No. 10), the Plaintiff’s assertion court appraiser of the Plaintiff’s claim for the land (attached Table 1) calculated the gap rate of the access conditions as 0.98, but the Plaintiff, as evidence No. 2, did not attach a number when submitting “A evidence No. 2” with the document.

However, the Plaintiff mentioned the video included in the evidence No. 2 as “A No. 2” in the form of “A evidence *,” and asserted as to the comparison of individual factors. Thus, the Plaintiff’s video is to specify the video according to the method referred to by the Plaintiff for convenience.

As can be seen from the video, the above land is connected to the comparative standard, and there is no reason for difference in the access conditions. Therefore, the court's appraisal is unfair.

Judgment

According to the evidence No. 2-15 video, the comparative standard is actually linked to two sides, while T land is adjacent only to the vertical length, and this difference is deemed that the court appraiser reflects the gap rate, and there is no reason to deem the court appraisal unlawful.

H The Plaintiff refers only to a comparative standard where H land is compared, and only objects to the results of the appraisal of AO andN land, and there is no particular assertion about the results of the appraisal of H land;

AO,N, and Y land attached table 1, 27, and 27.