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(영문) 서울고등법원 2019.06.27 2018누62951

손실보상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The grounds for admitting the judgment of the court of first instance, which the Plaintiff asserted in the trial while appealed, are not significantly different from the contents of the Plaintiff’s assertion in the court of first instance, and even if the evidence submitted in the court of first instance and the court of first instance are reviewed together with the Plaintiff’s assertion, the judgment of the court

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance except for the addition as follows. Thus, this court's reasoning is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The part of 5th 18th 18th 18th 2th 3th 5th 5th 6th 6th 6th 9th 6th 6th 6th 6th 6th

The Plaintiff: (1) In calculating the individual factors gap in comparison with the comparison standard of the instant land, the Plaintiff unfairly lowers the difference rate of individual factors, such as access conditions, environmental conditions, etc., even though the instant land adjoins to L basin crossings, adjacent commercial zone areas, welfare facilities, and neighboring apartment complexes, etc.; and (2) in selecting transaction cases to calculate the corrected values of other factors, the Plaintiff’s selection of “Seoul Songpa-gu K-gu 136С (hereinafter “K”) on July 27, 201 (hereinafter “the total transaction value of KRW 980,000,000: 5,390,000 square meters) that the court appraiser calculated as the amount of land trading: (i) the transaction of the instant land on February 17, 2017 (the total transaction value of KRW 160,000,000) that reflects the market value of the instant land more appropriately than that of the instant land; (ii) the Defendant’s calculation of the land at least 1000,000,000.