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(영문) 수원고등법원 2020.04.22 2019누14090
손실보상금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment under the following paragraph (2) to the assertion that the plaintiff is to be the grounds for appeal. Thus, this is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation

2. Additional determination

A. The result of the Plaintiff’s entrustment of appraisal to the appraiser of the first instance trial is unlawful as it does not specify the calculation factors and detailed items in comparison with the individual factors of a compensation example selected for the calculation of other factors (other factors).

Therefore, the adequate compensation for the land of this case should be evaluated again through re-appraisal.

B. In assessing the amount of compensation for the expropriation and use of the land determined, all the factors for calculation cited by the relevant statutes shall be considered in detail and comprehensively, and an appraisal report for this purpose shall state the factors in detail and clearly specifying and clarifying the factors, and the details and degree of each factor so that each factor can objectively be satisfied; however, only the detailed portion of all the calculation factors should not be explained daily or the numerical impact of each factor on the assessment.

(See Supreme Court Decision 2013Du2587 Decided June 27, 2013 (see Supreme Court Decision 2013Du2587, Jun. 27, 2013). According to the result of the appraisal commission with respect to the appraiser of the first instance trial, the following facts are revealed: (a) calculating the amount of difference in the specific items as “Access (1.13), environment (1.20), administration (1.00), and other (1.356),” with respect to the comparison of individual factors, the calculation and specification of the rate of difference in the specific items as “Access (1.13), environment (1.20), administration (1.00), and gap rate (1.356),” and with respect to the basis thereof, appraisal (24).

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