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(영문) 서울고등법원 2018.08.17 2018누41336

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

1. The scope of this Court’s adjudication at the first instance court against the Defendant, ① additional compensation for losses caused by the expropriation of land owned by the Plaintiff and compensation for losses (16,247,500 won) and compensation for losses caused by the decline in the value of the remaining land (86,747,00 won) and compensation for losses caused by the decline in the value of the remaining land (86,747,000 won) and compensation for losses caused by the decline in the value of the land owned by the Plaintiff.

The first instance court rendered a judgment dismissing the remainder of the plaintiff's claim 1 as a whole, and the plaintiff's claim 2 as a whole accepted the full amount of compensation for losses and damages for delay.

The plaintiff did not file an appeal, and only the defendant filed an appeal only for the part against which the claim was lost, and the scope of the judgment of this court is limited to the above part of the defendant's appeal.

2. Determination on a claim for compensation due to decline in the value of remaining land

A. The reasons for the court’s explanation on this part of the facts are as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the case where: (a) the court has accepted the “influence” of the judgment of the first instance; (b) the “influence” of the fourth and fourth parallel parallel parallel parallel parallel parallel parallel parallel parallel 7; and (c) the “in January 12, 2017” respectively; and (d) the same as indicated in paragraph (1) of the first instance judgment; and (c) accordingly, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article

B. As to the Defendant’s main defense of safety, the key point of the main defense is the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(2) As a claim is filed for the compensation of losses arising from the decline in the value of each remaining land of this case without going through the adjudication procedure prescribed in Articles 34 and 50, the part of the claim arising from the decline in the value of the remaining land of this case is unlawful. 2)