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(영문) 서울고등법원 2015.09.15 2013누23975
보상금증액
Text

1. As to the Plaintiff A:

A. Of the judgment of the court of first instance, KRW 371,202,150 against the Plaintiff and its related thereto on July 201.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of "a new judgment on plaintiff A's argument" to "a new judgment on the plaintiff A's argument", and therefore, it is identical to the reasoning of the judgment of the court of the first instance. Thus, this part shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, as it is, in accordance with Article 8(2) of the Civil Procedure Act and Article 420 of the Civil Procedure Act.

D. (1) In a case where multiple parcels of land have an indivisible relationship for the purpose of using the land as a single complex for the claim that each parcel of land S, N, P, R,O, Q, and M should be evaluated as a single complex, it is reasonable to evaluate the whole parcel of land as one parcel and to evaluate the whole at a single price by investigating the characteristics of land as one parcel, unless there are special circumstances.

"A case in an indivisible relationship for use" means a case in which the situation being used as a group of land is deemed reasonable and reasonable in terms of social, economic, and administrative aspects and in terms of the formation of value of the land.

(See Supreme Court Decisions 9Du8824 Decided July 27, 2001; 2005Du1428 Decided May 26, 2005, etc.). Meanwhile, Article 6 subparag. 24 of the former Enforcement Decree of the Cadastral Act (amended by Presidential Decree No. 14568 on April 6, 1995; Presidential Decree No. 21881 on December 14, 2009; Presidential Decree No. 2 of the Enforcement Decree of the Act on Land Survey, Waterway Survey and Cadastral Records) defines the site of a driving school as “miscellaneous land”. Article 58 subparag. 28(b) of the former Enforcement Decree of the Act on Land Survey, Waterway Survey and Cadastral Records (amended by Presidential Decree No. 26302 on Jun. 1, 2015) provides that “the site of a driving school shall be miscellaneous”.

In this case, Gap evidence Nos. 1, 5, 13, 14, 15, Eul evidence Nos. 4, 9, 15 (including each number), and AV's appraisal report.

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