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(영문) 서울고등법원 2019.05.09 2017누62459
보상금증액청구
Text

1. Judgment in the first instance;

A. 31,162,306 won and this shall be jointly applied to the Defendants and the Plaintiff Company A.

Reasons

1. The reasoning for this case by the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, this case shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the text of Article 420 of the Civil Procedure Act.

Each "Plaintiff Co., Ltd. A" in 4th 21th 2th 2th 2th 5th 12th 12th 1st 1st 2th 1st 2th 2th 5th 5th 2th 2 and 15th 15th 2th 2th 200

Each "this court" in the 5th 9th 9th 6th 3th 3th 3th 3th 3th 11th 1th 1th 1th 1th 20th 20th 20, 7th 14th 15th 18th 19, 8th 19, 9th 2, 18th 20th 10th 6th 14th 17th 17th, 11th 3th 7th 7th 18th 19th 19th 20th 1th 20th 3th 3th 20, 3th 3th 20, and 9th 14th 20.

6. The following shall be added to one page:

E. As to the appropriateness of the appraisal of the acquisition cost and transfer cost of obstacles to the Plaintiff A by the appraiser in the first instance trial, the court below entrusted the appraisal of the appraiser in the first instance trial to the appraiser S on the appropriateness of the appraisal of the Plaintiff A and B’s business losses (hereinafter “the result of the appraisal in the first instance court”) and received the entrustment of appraisal with the following contents (hereinafter “the result of the appraisal in the first instance court”).

Plaintiff

A-Land Compensation for loss: 306,560,380 won (transfer cost of KRW 173,950,000 for acquisition cost of KRW 132,610,380): 66,78,240 [business profit 23,219,324 won (5,804,831 won x 4 months) fixed expenses of KRW 36,968,916 [9,242,229 won (the monthly salary of KRW 4,00,000 for KRW 32,257) monthly rent of KRW 5,10,000 x KRW 86,65,100 for KRW 86,60 for monthly depreciation cost of KRW 86,60 for KRW 107] and other expenses incidental to the calculation of the amount of loss from Plaintiff A's business profit 23,860,00,000 for KRW 46,608,74,278.

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