1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the part which is used for adding the judgment of this court under Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The part which was used for the new part shall be deleted from the part of "the Land Compensation Act" of the judgment of first instance, 2.5 "(the "Land Compensation Act" ("Land Compensation Act"), and 3.7 "(the late payment penalty pursuant to Article 30 (3) of the Land Compensation Act ("Land Compensation Act") of the 3.7 pages "(the late payment penalty pursuant to Article 30 (3) of the Land Compensation Act")" (the "Land Compensation Act") shall be added.

2. The defendant asserts that the "compensation" under Article 87 of the Land Compensation Act, as in the first instance trial, only includes adjudication compensation and does not include additional charges for delay under Article 30 (3) of the same Act.

On December 19, 2014, the Seoul Special Metropolitan City and local Land Tribunal separately made an adjudication on the late payment penalty pursuant to the former part of Article 14(2) of the Enforcement Decree of the Land Compensation Act, and the defendant was obligated to pay the late payment penalty to the plaintiffs by the commencement date of expropriation pursuant to the latter part of Article 14(2) of the same Enforcement Decree. However, the defendant was dissatisfied with the adjudication ordering the payment of late payment penalty, and deposited the total amount of late payment penalty pursuant to Article 40(2)3 and the former part of Article 40(4) of the Land Compensation Act, and filed a lawsuit claiming the reduction of compensation for delayed payment against the plaintiffs pursuant to Article 85 of the same Act. Accordingly, the plaintiffs could not receive the late payment penalty paid by the defendant until the procedure of the lawsuit is completed pursuant to the latter part of Article 40(4) of the Land Compensation Act.

As such, the late payment penalty is also the adjudication compensation.