beta
(영문) 서울고등법원 2019.04.09 2018누64735

손실보상금

Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. The scope of the judgment of this court in the first instance court as to the land owned by the plaintiffs, ① 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 appraisal of the first instance court as to each land owned by the plaintiffs, ② payment of 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 Increase in Compensation for Losses (hereinafter "additional additional charges"), and delayed payment of compensation amount pursuant to Article 30 (3) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Compensation for Damages (hereinafter "Land Compensation Act"), while the lawsuit of the first instance was pending, the defendant fully repaid the above claim amount. The court of the first instance recognized only part of the claim amount of the plaintiffs in the second instance, and sentenced the plaintiff Eul to "the defendant to the plaintiff, 12,199 won, 249 won, 460 won, 178, 189 won, 31, 2750 won and H31."

As to this, the rest of the plaintiffs except the plaintiff F did not appeal, and the plaintiff F and the defendant appealed only to the part of the judgment of the court of first instance against the above claim (additional additional dues and damages for delay).

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

2. Grounds for the court’s explanation concerning this case, among the grounds for the judgment of the court of first instance, of the judgment of the court of first instance No. 4 through No. 28 of the judgment of the court of first instance

C. The reasoning of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for cases where the part in paragraphs (2) through (7) is used as described below (3).

3. Parts used in the past trial; and