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(영문) 서울고등법원 2018.01.23 2017누69108

손실보상금

Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is that the court of first instance as to this case is stated as follows: (a) the statement of "in the first instance judgment," "in the first instance judgment No. 10, No. 12, No. 10, No. 10, No. 6, and No. 4, No. 10 shall be stated as "in the second instance judgment," and (b) the reasoning of the judgment is as stated in the first instance judgment, except for cases

[Plaintiff, although the Land Tribunal is required to decide both late payment and additional dues, each adjudication has separately been made on the adjudication of late payment and additional dues. Thus, each of the above adjudication shall be made in accordance with Article 30(3) of the Public Works Act, Article 14(2) of the Enforcement Decree of the same Act, and Article 30 of the Public Works Act (A request for an application for adjudication). (3) When a project operator has filed an application for adjudication after the expiration of the period under paragraph (2), an amount calculated by applying the statutory interest rate under Article 3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings to the delayed period shall be paid in addition to the compensation adjudicated by the competent Land Tribunal. Article 14 of the Enforcement Decree of the Public Works Act.

In such a case, the plaintiff asserts that the plaintiff can immediately file a lawsuit claiming additional dues against the defendant without being able to file a lawsuit claiming additional dues for delay, because the lawsuit claiming additional dues for delay is not a lawsuit claiming additional dues for the amount of compensation, but a lawsuit claiming additional dues for delay separately from compensation.

In this case, the fact that the ruling on the additional charges for delay was made separately from the ruling on acceptance for the reason that the additional review is needed is recognized as above, but the additional charges for delay are the compensation for expropriation.