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(영문) 서울고등법원 2017.06.15 2016누61145
손실보상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff as to this case’s argument as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. The Plaintiff asserts that the appraisal appraiser should pay to the Plaintiff the difference between the compensation for losses and the compensation for losses calculated based on the appraisal and the compensation for delay as well as the compensation for delay on the ground that the conditions for the land of this case are identical to the comparative standard, since although the appraisal appraiser did not specifically prescribe the land category and the current status of the use of the land of this case on the ground that the conditions of the land of this case were less than 30% higher than the comparative standard by reflecting the land location conditions among individual factors.

According to the fact-finding results on Eul evidence 2-3 and 4-4 of evidence Nos. 2 and on the appraiser B of the trial court at the trial court at the trial, the adjudication appraiser at the trial court is recognized that the land category of this case is a miscellaneous land and the land category of this case is a standard for comparison of land 740-4 and 680-9 and 522m2m2 in Pyeongtaek-si, Sejong-si, Gouk-do, the land category of this case is a site, and the land category and use status, etc. of this case are deemed to be more than the above standard for comparison, and the land category and use status, etc. of the land of this case are assessed to be 0.70 among individual factors (the land category is assessed to be 1.00 for the land of this year which is the same as the standard for comparison) and the remaining individual factors except the above land category are assessed to be equal to 1.00 of all the land of this case and the land of this case.

In the appraisal of land compensation, the land conditions, among individual factors, refer to the area, shape, height, etc. of the land, but in the appraisal of the land in this case, the land in this case shall be the land.

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