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(영문) 서울고등법원 2018.06.05 2017누63544
토지수용보상금증액 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for supplementing "the part concerning additional judgment" as stated in Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance concerning this case is as follows: "the court of first instance" as "the court of first instance"; "the above judgment" as "the judgment of the court of first instance" as "the judgment of the court of first instance"; and "the part concerning additional judgment" as stated in the reasoning of the judgment of the court of first instance is as follows.

(other than the F portion corresponding to the joint plaintiff of the first instance court that has withdrawn an appeal). 2. Additional decision

A. The part concerning the J land among the court appraisal is illegal not taking into account the transaction cases of the Dongjak-gu Seoul Metropolitan Government V land, which is a neighboring similar land. 2) The part concerning K land among the court appraisal is illegal by taking into account the appraisal cases of the Dongjak-gu Seoul Metropolitan Government W land, but its administrative district differs and is far away, taking into account the compensation preference cases of the Dongjak-gu Seoul Metropolitan Government Land.

B. Determination 1) In calculating the reasonable amount of compensation for the land to be expropriated, the case where the neighboring similar land was traded or compensated is proved to have an impact on the evaluation of the reasonable amount of compensation, although it is not necessarily to be taken into account by investigating and examining the normal transaction cases of the neighboring similar land. However, the burden of proof can be taken into account to the claimant. Meanwhile, the "normal transaction price of the neighboring similar land" is the price formed in ordinary trade as to the land identical or similar to the land to be expropriated under natural and social conditions, such as the land location in the neighboring area of the land to be expropriated, such as the specific use area, land category, grade, intellectual form, use status, and statutory restrictions, and is not the development gains, but the price formed in speculative transactions (see Supreme Court Decision 202. Apr. 12, 2002).

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