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(영문) 서울고등법원 2020.01.23 2019누56526
손실보상금
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. In the first instance trial, the Plaintiffs are entitled to compensate for losses and delay damages corresponding to the difference between “compensation according to the result of the court’s appraisal” on the land, partitioned buildings or obstacles owned by the Plaintiffs and “compensation amount recognized by the said adjudication,” and ② seek delayed payment, additional charges, and delay damages pursuant to Article 30(3) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and the court of first instance accepted the above claim and dismissed the said claim.

As to this, only the plaintiffs appealed against the above claim 2, the scope of the judgment of this court is limited to the claim 2 of the judgment of the court of first instance.

2. The grounds alleged in the trial of the court of first instance are not different from the grounds alleged by the plaintiffs in the first instance, and even if the evidence submitted in the first instance court is re-examineed together with the allegations by the plaintiffs, the judgment of the court of first instance dismissing the plaintiffs' claims is justified.

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, this court shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Each "this court" shall be dismissed as "court of the first instance," and the 15th and 6th of the judgment of the first instance shall be dismissed as "court of the first instance," and the "this case" shall be dismissed as "court of the first instance."

14.On the 21st page, the following shall be added:

Meanwhile, the Plaintiffs newly established Article 73(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), which is a provision on late payment penalty, and “project implementer” under paragraph

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