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(영문) 서울고등법원 2014.11.14 2014누1927

손실보상금증액

Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which ordered additional payment, shall be revoked.

Reasons

1. Details of ruling;

(a) Business outline - Business type: Urban planning facility project name - Business name: D development project, second section (hereinafter referred to as the “instant project”): Business site: Seoul Jung-gu Embro E 147,66С - Public notice of an implementation plan: The Seoul Special Metropolitan City Public notice on April 2, 2009

B. The Central Land Tribunal’s ruling of expropriation on July 2, 2010 (hereinafter “adjudication of expropriation”): The starting date of expropriation: August 25, 2010: - The land subject to expropriation: The land subject to expropriation: the Plaintiff’s ownership is based on the arithmetic average of the results of each appraisal conducted by the Korea Appraisal Board and the Korea Appraisal Board (hereinafter “Appraisal Board”) (hereinafter “Appraisal Board”) on the basis of each appraisal conducted by the Korea Appraisal Board and the Korea Appraisal Board (hereinafter “Appraisal Board”) (hereinafter “Appraisal Board”): The computation of compensation as indicated in the “Adjudication of Expropriation”): The calculation basis of compensation - The amount of compensation - The amount of compensation 232 square meters (hereinafter “road assessment parts”) out of G land as a road, and the remainder of 696 square meters as forest land should be assessed.

C. The Central Land Expropriation Committee’s ruling on October 29, 2010 (hereinafter “instant ruling”) - Compensation: Each statement made by two appraisal corporations and central appraisal corporations (hereinafter “appraisals”) on the basis of the arithmetic mean of the results of each appraisal (hereinafter “Objection”) by both appraisal corporations and the central appraisal corporations (hereinafter “appraisals”) and the purport of the entire pleadings, as stated in the separate sheet in the separate sheet - standards for calculating compensation - In the same manner as the expropriation ruling, the amount of road assessment among the G land shall be deemed a road as the same as the expropriation ruling, and the remaining portion shall be deemed as a forest and field. In the absence of any dispute, the Central Land Expropriation Committee shall consider the portion of the road assessment among the G land as a road and evaluate the remainder as a forest and field (applicable grounds for recognition).

2. The Plaintiff’s assertion (1) The instant building is collectively collectively referred to as “the instant building” consisting of a gate (7 square meters), a luxulation (7 square meters), a lux bond (8 square meters), a management office house (47 square meters), a management office house warehouse (12 square meters), a luxus (59 square meters), a luxus (11 square meters), a charnel house (12 square meters), and a charnel house (12 square meters) located on G land.