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(영문) 서울고등법원 2020.06.19 2019누57222
손실보상금 증액
Text

1. The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be amended by the following:

The lawsuit of this case.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows. Thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the court of first instance is stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the

(Other matters alleged by the Plaintiff in the trial are not significantly different from those alleged by the Plaintiff in the first instance trial, and even if all of the evidence submitted in the first instance and the trial were examined, the fact-finding and judgment by the court of the first instance that rejected the Plaintiff’s assertion is justifiable). [The part that was modified] The second instance “Defendant” in the second instance 14 was dismissed as “the Defendant on February 22, 2017.”

"19,347,720 won" in Part 5 of Part 3 shall be construed as "19,347,720 won (the amount calculated by applying the statutory interest rate of 15% per annum under Article 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings during the 79-day Delay Period from October 6, 2016 to December 6, 2016, for which 60 days have elapsed since October 6, 2016, for which the plaintiff requested the local Land Tribunal to apply for a ruling to the defendant."

The 10th parallels 17 to 20th parallels shall be followed as follows:

Since all of the above appraisal and assessment are illegal, the plaintiff sought payment of KRW 251,00,000 as compensation for losses to be increased, and damages for delay shall be claimed as follows.

B. The Plaintiff’s assertion (i) the Defendant is obligated to pay the Plaintiff reasonable compensation for losses, i.e., compensation for losses, KRW 251,00,580,00, which should be increased to KRW 846,942,580,00, totaling the compensation for losses, 595,942,580, which should be paid by the Central Land Expropriation Committee, to the Plaintiff at the rate of 5% per annum from August 21, 2015 to August 11, 2017, pursuant to Article 30(3) of the Land Compensation Act.

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