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(영문) 서울고등법원 2018.05.11 2017누85872
재결에 대한 이의 및 손실보상금
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 reasoning of the first instance judgment citing the Plaintiff’s appeal does not differ significantly from the content of the Plaintiff’s assertion in the first instance trial, and the first instance judgment dismissing the Plaintiff’s claim even if the evidence submitted in the first instance trial is re-examineed together with the Plaintiff’s assertion,

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance except for the following modifications. Thus, this court shall accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

【The part of the decision of the court of first instance, which was accepted 【The provisions on the late payment charge of the above 12-14 lines, 5 pages 5 of the decision of the court of first instance, can be seen to compensate for the damages to the owner of the land following the delay of application for adjudication

The provisions on additional charges for delay are intended to compensate for the damage of the owner of the land, etc. that may be incurred by delay in filing an application for adjudication even though the owner of the land, etc. filed an application for adjudication after the consultation failed to reach an agreement, by requiring the project operator to pay additional charges for the delayed period within 60 days from the filing date of the application for adjudication even though the agreement was not reached, and thus, it cannot be the ground for imposing the additional charges for delay on the project operator who is not responsible for the delayed payment of the compensation even if the compensation is increased in the lawsuit on the increase of the compensation under Article 85(2) of the Land Compensation Act due to any illegality in the adjudication by

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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