손실보상금
1. The plaintiff's primary claim added by this court is dismissed.
2. The plaintiff's appeal is dismissed.
3...
1. The reasoning for this part of this Court, including the reasoning for the ruling, is the same as that for the corresponding part of the judgment of the first instance (Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act (a). Thus, the Plaintiff’s assertion is cited as it is, pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure
A. The main claim is that some of the buildings of this case can be removed, and in this case the repair cost of the remaining buildings of this case reaches 244,728,000 won, as calculated at the Defendant’s request, as calculated in O (hereinafter “O”).
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 97,558,00 corresponding to the difference between KRW 244,728,00 and KRW 147,170,00 as the repair cost of the remaining building of this case (=244,728,000 - 147,170,000) and the delayed damages.
B. Preliminary claim, even if possible, partial removal of the instant building is impossible.
Even in cases where the price reduction of the remaining building of this case is impossible, as seen above, the price reduction in the remaining building of this case is 44,870,600 won, which is the price of the remaining building of this case, at the time of commencement of expropriation (the result of appraisal by appraiser M in the preservation of evidence).
Therefore, the defendant is obligated to pay to the plaintiff 81,025,940 won (=44,870,600 won - 363,844,660 won - 363,84,660 won) and delayed damages for the difference between the above 44,870,60 won and the loss compensation 363,84,660 won recognized by the ruling on expropriation of this case (see, e.g., reference; the part concerning the loss of the remaining buildings of this case as recognized by the ruling on expropriation of this case among 363,84,660 won, which was merely 147,170,60 won in terms of the cost of demolition of the above 444,870,600 won and the loss compensation 363,84,660 won in this case (in such case, the claim amount shall be less than 297,700,600 won in the first instance court) and 3636364.6.64