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(영문) 서울고등법원 2018.08.24 2018누42094

손실보상금

Text

1. Of the part against Plaintiff D with respect to the judgment of the court of first instance, Plaintiff D who is equivalent to the subsequent amount ordering payment.

Reasons

1. Details of ruling;

(a) project approval and public notice - e- e-Ocheon City Urban Planning Facility Project (K) - Public notice: Defendant: L publicly notified L on July 3, 2015 and M publicly notified on December 17, 2015;

B. The Gyeonggi-do Local Land Tribunal’s adjudication of expropriation on October 4, 2016 (hereinafter “instant adjudication of expropriation”) - The object of expropriation is as indicated in the column for “land to be expropriated” in the attached Table owned by the Plaintiffs.

(hereinafter referred to as “land to be expropriated” shall be referred to as “the instant land,” and the individual land shall be referred only to as Ri and lot number when it is referred to); - The date of commencement of expropriation: An appraisal corporation on November 18, 2016: a dialogue appraisal corporation and a daily appraisal appraisal corporation (hereinafter referred to as “appraisal of expropriation”)

C. The Central Land Tribunal rendered an objection on June 22, 2017 (hereinafter “instant objection”) - The content of the adjudication: The Plaintiffs determined to increase the amount of compensation for expropriation to the same amount as indicated in the attached Table.

- An appraisal corporation: The results of the appraisal by the Ondones Appraisal Corporation and the Pacific Appraisal Corporation (hereinafter “Objectioned Appraisal”). The results of the appraisal by the appraiser N in the first instance trial (hereinafter “court appraisal”) - The contents of the appraisal are as indicated in the “court appraisal amount” column.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 7 through 10, the appraisal result of the first instance appraiser N, the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. Defendant’s assertion 1) The Plaintiffs filed a lawsuit with the Suwon District Court civil court with no jurisdiction over the instant case on July 19, 2017. As such, the foregoing civil court’s decision of transfer made on July 26, 2017 becomes effective as of August 22, 2017, in which the instant lawsuit was received by the collegiate division of the administrative court (the instant case was received by the collegiate division of the administrative court).

Therefore, the lawsuit of this case is not in compliance with the period of 30 days from the date of delivery of the written ruling by the Central Land Expropriation Committee.