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(영문) 부산고등법원 (창원) 2018.08.29 2017누11414
토지수용에 대한 보상금 증액
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Details of the ruling;

2. Relevant statutes,

3. The reasoning for the court’s explanation as to this part of the Plaintiff’s assertion is the same as the corresponding part of the judgment of the first instance, except in the following cases. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Attachment 1] The "Attachment 1 Appraisal Table" of the judgment of the court of first instance shall be changed to the "Attached 1 Appraisal Table" of this judgment.

The 4th 14th 15th 2th 15th 15th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 2

4. Determination

A. As the Plaintiff died on April 1, 199, the Plaintiff: (a) omitted Lriri’s 3,058 square meters and G river 1,755 square meters (hereinafter “Gindo”); and (b) omitted and specify only the lot number.

A) On January 15, 200, the registration of ownership transfer was completed in the Plaintiff’s name on the grounds of inheritance by consultation and division. (2) Land B and G land before division is classified as “responding” at the time of circumstances, and land category was changed to “river” on November 21, 1942. The land category was used as “river” on November 21, 1942, and was used as a river of JJ river designated as a local class 2 river, excluding the river, bank

3) The Plaintiff filed a lawsuit against the Defendant on the ground that the Defendant used the Plaintiff’s land, including B and G land before subdivision without permission. On May 16, 2007, the survey and appraisal on each of the above land, which was conducted on May 16, 2007, that was used as a river for the size of 1,587 square meters, for the size of land B before subdivision, for the size of 302 square meters, for the size of a river for the size of 242 square meters, for the area of a river for the size of 583 square meters, for the area of a road and a road for the size of 344 square meters, and for the area of a road for the area of 74 square meters, for the area of a river, for the area of 957 square meters, for the area of a river for which a river bank was located, and for the area of 50 square meters, for the area of a road site (the result

4) Of the land B prior to subdivision, 927 square meters (i.e., a road and a road site of 583 square meters in the attached Form 3) are L village access roads.

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