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(영문) 서울고등법원 2019.09.03 2018누71238

손실보상금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is as stated in the reasoning of the judgment of the court of first instance, except for the part partially modified as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

In the third part of the judgment of the court of first instance, the phrase "the subject matter of confinement in this case" shall be deleted by referring to the subject matter of confinement in the plaintiffs.

In the third part of the judgment of the court of first instance, "244,46,400 won" in the third part of the judgment of the court of first instance shall be "244,46,400 won", and "4,400 won in the third part of the judgment of the court of first instance shall be dismissed."

In the third part of the judgment of the court of first instance, the term "Dismissal" in the 15th part of the judgment of the court of first instance shall be read as "Dismissal," and the part of the business losses of the plaintiff A and B shall be dismissed."

In the fourth, fifth, fifth, fifth, and fifth of the decision of the court of first instance, each "object of confinement" in the fourth, fifth, and fifth of the decision of the court of first instance shall be raised to "land".

Each "Plaintiff" in the 4th sentence of the first instance court, 19th sentence, and 9th sentence, shall be considered as "Plaintiff A and B".

In the sixth part of the sixth part of the judgment of the court of first instance, "this court" shall be "the court of first instance".

In Part 8 of the judgment of the first instance court, “I Doe,” in Part 5 from Part 8 to Part 13 from Part 5 of the judgment of the first instance court, it is alleged that “I Doe, I Doe, I am Doe, I am Doe,” and “I am Doe, I am Doe, I am am Doe, I am am Doe, I am am on the same level as if the administrative conditions of each land of this case were compared to the comparison standard, and I am Doe, H land flow conditions are compared to the comparison standard. However, as a result of the fact inquiry into the appraiser of the court of first instance, I am Doe 2,226 square meters and each land of this case both belong to the anti-aircraft defense coordination zone (entrusted height: 77-257mm) under the Protection of Military Bases and Installations Act.