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(영문) 서울고등법원 2016.12.23 2016누33188

손실보상금

Text

The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the court's judgment to this case, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is also accepted by the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination by this Court

A. The Plaintiff’s appraisal result of the first instance court’s allegation (hereinafter “the first instance court’s appraisal”) is unlawful for the following reasons.

(1) The F land owned by the Plaintiff (hereinafter “Land”) is superior to the H land (hereinafter “Standard Land”) whose distance from the entitlement to central commercial area is higher than that of the H land compared to the comparison standard land (hereinafter “Land”). On the other hand, commercial buildings, traffic facilities, etc. are adjacent to the location, compared with the standard land for neighboring land use and its suitability. As such, the first instance court appraiser assessed that the land is equal compared to the standard land for the standard land, and that the environmental conditions are higher.

(2) As to the correction of other factors, it should have been set up against the third place below the decimal point in its calculation or against the fourth place below the decimal point, and without reasonable grounds, the court of first instance decided to correct other factors by cutting down the second place below the decimal point to the second place below the decimal point below five or zero.

B. (1) In assessing the amount of compensation for the expropriation and use of land, all factors cited by the relevant laws and regulations shall be considered in detail and comprehensively. However, even if the detailed portion of all calculation factors are stated in daily or the numerical impact of the factors on the assessment is not expressed in detail, the factors are specified and clarified, and the details and degree of each factor are objectively considered.