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(영문) 서울고등법원 2017.05.12 2016누47545
손실보상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff A, which orders payment below, shall be revoked.

Reasons

1. Facts that there is no dispute over the details of the ruling and the result of the appraisal (based on recognition), Gap1-4, 20, 23, Eul 2 (including branch numbers if available; hereinafter the same shall apply), the result of the appraisal by the first instance appraiser I, the purport of the whole pleadings;

(a) Business authorization and public notice - Bogeumjari Housing District Development Project (F, “instant project”) - H-project operator announced by the Ministry of Land, Transport and Maritime Affairs on December 3, 2009, G published by the Ministry of Land, Transport and Maritime Affairs on April 27, 2010, H-project operator: Defendant

B. The Central Land Tribunal’s ruling of expropriation as of October 19, 2012 and the ruling of expropriation as of November 16, 2012 - Each land and any obstacles on the ground indicated in the separate sheet on the details of compensation for losses owned by the Plaintiffs (the combination of the aforementioned land and obstacles thereto, referred to as “subject matter of expropriation in this case”). Among the above obstacles, the number of trees owned by the Plaintiffs (the Plaintiff’s title A “instant title 1”; and the number of trees owned by Plaintiff B “the instant title 2”) are as follows:

Plaintiff A (8 years) 620 square meters in the quantity of divided trees, Plaintiff A (8 years) 1 (8 years) 1 (8 years) 1 (8 years) 1 (8 years) 1 (8) 1 (1) 1 (1) 1 (1 (1) 1 (1) - 660 m20 m2 (2) 1 (8 years) 1 (7 years) 1 (8) 1, 201 1 (2) 1 (2) 1, 200 m2) 1 (8 (1,980 m2) 1, 2012 12. 12. 12. 12. (8 years) 12. B (8 years) 1, 2013: 200 m2 (12) - 1, 2013: 30 m20 m2) - 1, 2013

C. The Central Land Tribunal’s ruling on an objection made on July 18, 2013 and August 22, 2013 - Details of the ruling - The same shall apply as indicated in the “amount of the ruling” in the attached Table 1 compensation statement.

Results of the appraisal by I of the first instance appraiser (hereinafter referred to as "court appraisal") - Contents of the appraisal: The same shall apply to the statement in the column of "amount of the court appraisal" in attached Table 1.

E. The Defendant’s vicarious execution process - The vicarious execution is not carried out to the Plaintiffs on June 18, 2013 unless they voluntarily move obstacles, including the instant 1 and 2 trees, by June 30, 2013.

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