손실보상금
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.
1. As to this case, the reasoning of this court is as follows. ① Part 3 through 8 of the judgment of the court of first instance shall be dismissed: ② Part 8 of the judgment of the court of first instance shall be deemed as follows; ② Part 8 shall be deemed as "the judgment of the court of first instance", except that part 8 shall be deemed as "the judgment of the court of first instance", and therefore, it shall be deemed as being stated in the reasoning of the judgment of the court of first instance. Thus, it shall be quoted as it is in accordance with Article 8
3. As to the claim for additional dues
A. The Plaintiffs’ assertion (i.e., the Defendant filed an application for adjudication on November 24, 2017, after the lapse of 60 days from the date on which the Plaintiffs’ claim for adjudication was filed, and the project implementer is obligated to pay additional charges corresponding to the reasonable compensation for losses. As such, additional charges for delay should be added to the increased compensation in the lawsuit claiming the increase of compensation.
Therefore, the defendant is obligated to pay to the plaintiffs the amount corresponding to the "amount claimed" column in attached Form 2 as additional dues for delay under Article 30 (3) of the Land Compensation Act.
Even if the compensation for losses for the land to be expropriated in this case is increased according to the result of the appraisal by the court appraiser of the defendant's argument, additional charges for delay under Article 30 (3) of the Land Compensation Act shall not accrue for the increased portion in the litigation process.
B. (i) Considering the following circumstances, it is reasonable to interpret that the late payment charge stipulated in Article 30(3) of the Land Compensation Act should be calculated based on the “compensation adjudicated by the competent Land Tribunal.”
(1) The reason why the Land Compensation Act grants a claim for adjudication to a landowner and a person concerned (hereinafter referred to as "land owner, etc.") is that a project operator may file an application for adjudication at any time within one year after the public announcement of project approval (in cases of a redevelopment project, within the implementation period of the project), whereas the landowner, etc.