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(영문) 서울고등법원 2016.10.04 2015누57217
잔여지가치하락 손실보상금
Text

1. The judgment of the first instance court, including the claims extended and reduced in the trial, shall be modified as follows:

A. The defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: "1381m2" of the fourth 8m2 in the judgment of the court of first instance shall be deemed as "1381m2"; and "2-C. of the judgment of the court of first instance" in the judgment.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The judgment of the court of first instance No. 2-C, d, of the same part.

The paragraphs are as follows:

C. The appraiser of the acceptance ruling was found to have no loss of the value of the remaining land of this case because it is difficult to use the remaining land of this case as farmland of this case or it is difficult to use it as farmland of this case as farmland of this case, because the size of the remaining land of this case was reduced compared to that of the previous land of this case as the incorporated land of this case was incorporated into the business of this case as a result of an analysis of the location, form, suitability with surrounding environment, utilization status, and other factors affecting the price formation of the remaining land of this case.

2) The result of the appraiser AD’s appraisal by the first instance court (hereinafter “ appraiser AD”) is “the first instance appraiser”; and the result of the appraisal is “the first instance appraiser”.

According to the above, although the appraiser of the first instance court changed the form of N and P land into an irregular form after incorporation, the remaining land falls under the category of agricultural promotion area prior to incorporation, and there is no fall in the value of the remaining land, considering that the remaining land in this case falls under the agricultural promotion area, and the possibility of utilization or urbanization for other purposes in the future is low, it is difficult to deem that the market value of the remaining land falls down solely on the change of the shape of the land being used as farmland, after incorporation into public works, and it does not fall under the situation of new farming roads by the project operator after incorporation into public works, and it does not fall under the entry of agricultural machinery, which is the requirement for purchase of the remaining land, the difficulty of turning back, and the

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