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(영문) 서울고등법원 2019.10.22 2019누40828

손실보상금

Text

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

Reasons

In the first instance court, the plaintiffs filed a claim for the payment of compensation corresponding to the difference between the reasonable compensation amount and the amount of compensation for delay due to the result of the first instance court's appraisal of each land and obstacles owned by the plaintiffs, and ② delayed additional charges pursuant to Article 30 (3) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the increased amount of compensation for losses (hereinafter "additional additional charges"), and damages for delay. The first instance court rendered a judgment citing part of the claim and the remaining claims of the plaintiffs.

As to this, the plaintiffs did not appeal, and the defendant appealed only to the part against the defendant as to the above claim (additional late charge and damages for delay) in the judgment of the court of first instance.

Therefore, the scope of this court's adjudication is limited to the above additional delay additional charges and damages for delay appealed by the defendant.

The reasoning of this Court is that the reasoning of this case is stated in the reasoning of the judgment of the court of first instance, except in the following cases: (a) the 6th to 14th to 14th to 10th to the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Therefore, this Court shall accept it as is in accordance with Article 8(2) of the Administrative Litigation Act

[2] In full view of the evidence and the following circumstances acknowledged by the overall purport of the pleadings, the additional charges for delay under Article 30(3) of the Land Compensation Act shall be calculated on the basis of the "compensation determined by the competent Land Tribunal". Accordingly, the amount of the increased indemnity shall be calculated on the basis of the amount of compensation recognized in the lawsuit claiming the increase of the indemnity.