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(영문) 서울고등법원 2020.05.07 2019누62507

손실보상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasons for this case are as stated in the reasoning of the judgment of the court of first instance, except for a part of the judgment of the court of first instance or an additional decision, and thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Modification] Part] Part 7 of the first instance judgment "the standard of comparison of this case" in Part 14 of Part 7 of the first instance judgment shall be understood as "the standard of comparison of this case and the land of this case".

[Additional Determination Part] The Defendant asserts that since Article 70(4) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “In the case of acquisition after the approval of a project, the officially announced price under paragraph (1) is the officially announced price which is the basic date before the approval of the project is made, and it shall be the officially announced price as at the same time as at the time near the public announcement of the project is made, among the officially announced price as at the time of the approval of the project, at the time of the approval of the project, when the consultation on the relevant land is concluded or the adjudication is made, the officially announced price at the time when the consultation is made or the announcement of the project is made, the court’s appraiser shall take into account the comparison of K’s land more adjacent to the time of the public announcement of the project in this case as at April 27, 2017 when the correction of other factors is made, the court’s appraisal is unlawful.

However, as provided in Article 70 (4) of the Land Compensation Act, in selecting the officially announced value of the comparable standard land for the land acquired, it is not that the price or time of the transaction or appraisal for the purpose of correcting other factors is the same as the publicly announced value of the relevant project, and it does not mean that the price or time of the transaction or appraisal for the purpose of correcting the public announcement of the project.

There is no error in court appraisal as alleged by the defendant.

Furthermore, in the appraisal and assessment of expropriation, the defendant shall use K land and others.