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(영문) 대전고등법원(청주) 2016.03.23 2014누5942

손실보상금증액

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

1. With respect to the scope of the adjudication of this Court, the Minister of Health and Welfare, and the first instance court, as to the scope of the adjudication of this Court, sought the amount of farming compensation and damages for delay with respect to the land Nos. 3 and 4 of this Court, and the Plaintiff B’s claim for the difference between the amount of legitimate compensation and the amount of compensation for delay recognized at the time of the adjudication of expropriation with respect to the land Nos. 5 through 9 of this case, and ② the claim of Plaintiff B, among the claim for the amount of farming compensation and damages for delay with respect to the land No. 9 of this case, accepted the claim of Plaintiff B, and the judgment dismissing Plaintiff A’s claim and Plaintiff B’s claim of this case, only

2. The court's explanation on this part of the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

3. Whether the instant disposition is lawful

A. The plaintiffs' assertion and the court's explanation on this part of the relevant statutes are with merit of the judgment of the court of first instance.

2.(a)

2 Since Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are the same as that of the relevant Acts and subordinate statutes, they shall be quoted as they are.

B. Grounds for the court’s explanation on this part of the judgment of the court of first instance are as follows.

2.(c)

2 Since it is the same as the statement in Paragraph 2, Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act shall be cited as it is.

4. In conclusion, the judgment of the first instance is legitimate, and the plaintiffs' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.