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(영문) 서울고등법원 2019.06.14 2018누75438

손실보상금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The Plaintiff and the Defendant’s assertion in the trial of the first instance are not significantly different from the contents of the Plaintiff and the Defendant’s assertion in the trial of the first instance, and the fact-finding and determination of the first instance court, which calculated the value of each land of this case, are justifiable by adopting the court appraisal even after examining these arguments together with the evidence submitted in the first instance court.

Therefore, the reasoning for the court's reasoning of this case is as follows: each "this court" of the first instance court's three pages 7, 6 pages 16, and 8 pages 14 shall be "the first instance court"; each of the six pages 3 of the first instance court's three pages 6, 6 pages 9, 15, and 8 pages 13 shall be "an appraiser of the first instance court"; and each of the "an appraiser" of the six pages 15, and 8 pages 13 of the first instance court's six pages 15 and 13 shall be the same as the "a witness of the first instance court" of the first instance court's reasoning; therefore, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 16, 2016, which is the date following the date of adjudication on expropriation, to November 1, 2018, which is the date of adjudication on expropriation, that is, it is reasonable for the Defendant to dispute about the existence and scope of the obligation to perform, and the amount of damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.

The judgment of the court of first instance is just in its conclusion, and all appeals filed by the plaintiff and the defendant are dismissed as it is without merit. It is so decided as per Disposition.