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(영문) 부산고등법원 2020.07.17 2019누23364
손실보상금
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 for this case by the court of first instance is as stated in the reasoning of the judgment except for the following cases. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Parts 5, 15, 6, 16, of the reasons for the decision of the court of first instance are as follows:

“(3) However, considering the following circumstances, considering the evidence evidence Nos. 5 through 8, evidence Nos. 13 through 16, evidence No. 11-1 and No. 11-2 of the court of first instance, the result of the appraisal commission to the appraiser N of the court of first instance, the results of the fact inquiry to the appraiser N of the court of first instance, and the overall purport of the pleadings, the method of use is deemed temporary and temporary even if the Plaintiffs’ assertion was in trace of an orchard, such as the loss of the land of this case (796m2, night trees, etc.), and the evidence submitted by the Plaintiffs alone is insufficient to recognize that the Plaintiffs continued to change the form and quality of “water” as of December 18, 2017, the base date for the calculation of compensation for losses, and there is no evidence to acknowledge otherwise.

Therefore, it is not necessary to examine whether the portion of the land in this case, such as lost trees, has been used after changing the form and quality of "water sources" before the Forestry Act enters into force, and the plaintiffs' assertion is without merit.

① Land category on the land cadastre of this case is “forest”.

② The appraiser of the adjudication on expropriation evaluated the present state of planting the planting part of the instant land, such as lost trees, as “forest” instead of “unsource.”

As to the fact inquiry of this court, J, which is an appraiser for expropriation, is the land category and current status of forest land, the judgment of the illegal alteration of the form and quality of the land in this case, and the confirmation and measurement of the area by each part of the actual utilization status.

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