beta
(영문) 서울고등법원 2017.05.19 2016누50343

보상금증액

Text

All appeals by the plaintiffs and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

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

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the court’s explanation of this case is to correct “the December 31, 2018,” which read “the December 31, 2018,” which read “the December 31, 2008,” which read “the date of December 31, 2008,” and (b) the reasoning of the judgment of the court of first instance is the same as the stated in the reasoning of the judgment of the court of first instance; and (c) thus,

2. Additional determination by this Court

A. As to the plaintiffs' assertion, the plaintiffs asserted that the adjudication and the court appraisal by the court below are unlawful for the following reasons, and they are examined accordingly.

(1) (A) The plaintiffs' assertion of illegality in the selection of comparative standard land (A) even though there was no change of purpose of use to an urban area under the Housing Site Development Project at the time of the decision of expropriation, the development of a neighboring new city has changed to an urban area on July 25, 201 or August 10, 201, at the latest. It is wrong to select a standard for comparison on the premise that the change of purpose of use to an urban area in the planned control area of the land in this case is a change of purpose of use for the said housing site development project, considering that the change of purpose of use to an urban area in the planned control area of the land in this case is a change of purpose of use for the said planned control area, and the change of purpose of use to a planned control area of the land in this case has been made for the future directly for the implementation of a specific public project, which is a housing site development project. As such, it is apparent that the administrative act without changing the purpose has violated planning discretion, thereby imposing restrictions on the land in this case.

(B) Article 42 of the National Land Planning and Utilization Act.