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(영문) 대구고등법원 2014.06.13 2014누15
토지수용에대한보상금증액
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this part of the reasoning of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of

2. The assertion and judgment

A. The plaintiff's assertion 1) procedural illegality is a decision to expropriate the land of this case, and the defendant is a successor including the plaintiff (hereinafter "the plaintiff, etc.").

(2) Even though the Minister of Land, Transport and Maritime Affairs has publicly announced the reference land for the plaintiff's assertion as a comparative standard for the appraisal such as the selection of comparative standard land and the calculation of compensation for the land of this case without any consultation with the plaintiff et al., the heir of the land of this case, who is the legitimate right holder, before raising an objection, there was an error in the adjudication and the court appraisal as a comparative standard for the calculation of compensation for the land of this case, and the land of this case, which is not the reference land for the plaintiff's assertion, are not the reference land for the calculation of compensation for the land of this case, and the specific use area of the land of this case, which is a general industrial area, was

On the other hand, although the court appraisal (Supplement) made the reference land for the plaintiff's assertion as a comparative standard, it erred in calculating the unit price as a result of excessively low revision of individual factors and other factors without complying with the result of the court appraisal.

3) Since there is an error of law as seen in the above Paragraph 2 above, the adjudication and appraisal, court appraisal, and court appraisal, which revised excessively low individual factors and other factors, which were determined as the comparative standard of compensation for losses, the legitimate compensation for losses of the instant land itself, which is the pertinent land subject to expropriation, without need to be determined as a separate comparative standard of each of the instant land.

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