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(영문) 서울고등법원 2019.10.18 2019누38528
보상금증액 청구의 소
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

1. The scope of this Court’s trial at the first instance court, along with the 19 co-Plaintiffs in the first instance court, claimed for the payment of additional compensation corresponding to the difference between the due compensation as a result of the court’s appraisal and the compensation for losses incurred from the transfer of the respective lands owned by the plaintiff F, L, N, each land owned by the plaintiff F, F, L, L, and N, each obstacles owned by the plaintiff F, L, and U, the plaintiff R, each partitioned building owned by the plaintiff R, and R, and the plaintiff Q and V, and the compensation for losses incurred from delay. The first instance court dismissed all the remaining claims by citing only the difference between the amount of each court’s appraisal and the compensation for losses incurred from the transfer of each of the above respective lands (1/2 equity), and only citing the difference between the amount of each court’s appraisal and each of the obstacles owned by the plaintiff F, L, N, and the joint plaintiff 10 in the first instance court.

Accordingly, with respect to the whole part of the judgment of the court of first instance against the plaintiff Q, since the remaining plaintiffs filed an appeal against each part of the judgment of first instance against each of the judgment of the court of first instance, the scope of the judgment of this court is limited to

2. Details of ruling;

(a) Business approval and public announcement - Business name: A housing redevelopment and rearrangement project - Business operator: Defendant - AC of Songpa-gu Seoul Metropolitan Government on August 16, 2013;

B. Decision on expropriation made on December 23, 2016 by the Seoul Special Metropolitan City Regional Land Tribunal - The object of expropriation is as described in the item of "subject matter of expropriation" in the attached Table.

(hereinafter referred to as “subject matter of expropriation in this case”) . - The starting date of expropriation: February 10, 2017 - Compensation: Each entry in the item of “compensation for adjudication on expropriation” in the separate sheet.

C. The Central Land Tribunal’s ruling on November 23, 2017 - Compensation for losses: The same shall be as indicated in the separate list of the items “the compensation for the instant ruling.”

Results of the appraisal by the appraiser of the first instance court (hereinafter referred to as "the appraisal by the court of the first instance"): Compensation for losses: It shall be as described in each item of the "amount of appraisal by the court" in the attached Table

[Reasons for Recognition] There is no dispute.

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