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(영문) 서울고등법원 2015.10.15 2015나2020832
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

Basic Facts

On May 23, 2011, Defendant Korea Rail Network Authority (hereinafter referred to as “Defendant Rail Network Authority”) approved H project implementation plans (hereinafter “instant project”) from the Minister of Land, Transport and Maritime Affairs pursuant to Article 9(1) of the former Railroad Construction Act (amended by Act No. 11690, Mar. 23, 2013). Around that time, Defendant D Co., Ltd (hereinafter “Defendant D”) contracted the instant construction works to Defendant D Co., Ltd. (hereinafter “Defendant D”).

(1) On April 201, 201, in relation to the instant project, farmers engaged in agriculture in the instant project were gathered and formed “J Countermeasure Committee (hereinafter “Measures Committee”),” and the joint Plaintiffs E of the first instance trial was in charge of the chairperson, K’s organizational director, and L’s general duties. (2) Defendant Corporation requested an appraisal of obstacles to one appraisal corporation (hereinafter “one appraisal corporation”) on June 19, 201 to implement the compensation procedure for the owners of the instant project site including the Plaintiffs. As a result, the details of obstacles investigated as of July 6, 2012 and the appraised value of the transfer are as stated in the attached Table 2 of the list of obstacles.

(M) On October 5, 2012, E sent to the Defendant on behalf of 364 farmers a letter-certified mail containing the following: (i) compliance with the principle of advance compensation; (ii) a lump sum request for compensation (the land, crops, and agricultural loss compensation); and (iii) a prior compensation principle is not complied with; and (iv) the mail reached the Defendant Corporation on October 12, 2012. The mail reached the Defendant Corporation. (iii) Defendant C Co., Ltd (hereinafter “Defendant C”) on behalf of the Defendant Co., Ltd. on October 8, 2012.

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