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(영문) 서울고등법원 2018.12.07 2018누54226

보상금증액청구의소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court of first instance rejected the Plaintiffs’ assertion on the ground that the content alleged by the Plaintiffs in this court is not significantly different from the content alleged by the Plaintiffs in the first instance court, and that even if the Plaintiffs’ assertion is re-examineed on the basis of the evidence submitted in the first instance court, it cannot be readily concluded that the Plaintiffs’ transfer of the instant project to an excessive city or to an adjacent place is impossible.

Therefore, the reasoning for this court’s reasoning is as follows: (a) the court’s reasoning stated in the judgment of the first instance is the same as the reasoning of the judgment, except where “this court” is deemed as “the first instance court,” and (b) the same is acceptable pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiffs' claim of this case should be dismissed in its entirety as it is without merit. Since the judgment of the court of first instance is justified, the plaintiffs' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.