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(영문) 수원고등법원 2021.01.27 2019누12070
수용보상금증액청구의 소
Text

1. Of the judgment of the court of first instance, the part against Plaintiff A, which constitutes an additional payment order.

Reasons

1. The reasoning of the judgment of the court of first instance, excluding dismissal or addition as follows, is as follows, and the reasoning of the judgment of the court of first instance (the corresponding part of the plaintiffs from 4th to 23th end) is as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. At the bottom of the part 8, Article 5, “Article 5,” referred to as “Article 5, Paragraph 1,” respectively.

9. Parts of the 3rd to 10 lines shall be dried with the following parts:

“B) The storage, shower box, storage, box, box, well, entrance, door door, mail, mail, store, warehouse, flat, etc. on the ground of P constitutes an accessory facility that forms an integral part of the P-ground building, and thus the floor area of the above facility should also be assessed as the site status.

C) Since property tax is subject to separate aggregate taxation as “land annexed to a building” until 2005 as “land annexed to a building” among the remaining land, its land use status shall be deemed as “large” or at least as “the land annexed to a stable” as the land annexed to a stable.

D) Since around 1968, prior to the enactment and enforcement of the Farmland Conservation and Utilization Act ( January 1, 1973), around 1968, P ground buildings were newly constructed and land category change was possible due to the lawful alteration of the form and quality of land, the remainder, except the part recognized as the site for the present situation, should be evaluated as “miscellaneous land” at least.

"Expert Y" in the 15th sentence of "Y" is "Y" in the first instance court appraiserY, and "Y" in this court shall be respectively dismissed as "Y" in the first instance court.

16 The following shall be added between the bottom and the 5 line:

P land was designated as a development restriction area pursuant to Article 21 of the former Urban Planning Act (amended by Act No. 2435, Dec. 30, 1972) on December 29, 1971; around January 2012, P land was released from the development restriction area due to the public notice of the Ministry of Land, Infrastructure and Transport. On December 20, 2016, P land was divided into 1,893 square meters and 874 square meters prior to ADD.

(14) around June 2016, which was around the time of the instant ruling on expropriation.

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