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(영문) 부산고등법원 (창원) 2021.01.20 2019누12138
손실보상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the first instance court's decision, except for the addition and deletion of some of the judgment in the first instance court as stated in paragraph 2.

Therefore, this is based on Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Litigation Act.

2. A portion to be corrected or deleted from among the judgment of the first instance;

(a) the “this Court” of the fourth 2 parallel (for a tag, excluded from the number of parallels; hereinafter the same shall apply) shall be amended to “court”;

(b) modify the second list of the fifth page as follows:

Conditions of Appraisal 1 (the same conditions as the ruling) Conditions of Appraisal 2 (Conditions Claimed by the Plaintiff)

1. Determination method 1) Application of the price fluctuation rate (1), (2), and (3) to the neighboring Si/Gun/Gu green land price fluctuation rate, which is not the change rate of the land price of Gyeyang-gu green land;

2. Evaluation of forests and fields with land P, Q and K entered in all public registers;

1. Price computation method 1) Of the land price fluctuation rate, (1) the price fluctuation rate of Gyeyang-gu green areas shall be applied; (2) the price fluctuation rate of green areas in the neighboring Si/Gun/Gu green areas shall be applied;

2. Part of P, Q and K Land (D)

See Paragraph 4-8 on June 29, 2018, based on the assessment basis before the assessment basis (see, e.g., Supreme Court Decision 34,740,603,00 won in total, 35,969,764,6660 won in total, 660 won in accordance with the land category for AM land assessed as a site.

(c) revise “this Court” of 5 pages 2 to “Court of First Instance”.

(d)

Part 6 3 deleted from "land compensation value" to 9.

(e) modify “The appraisal terms 3” of 7 pages 1 to “the appraisal terms 2”;

(f) 9 pages 11 to 12 deleted “(Seoul District Court Decision 2017 Guhap 11065)”.

(g) “The price of the land per se has changed due to the fact that the public inspection of the instant project was made on April 21, 2018 as follows:

As long as seen above, the public notice is given.

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