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(영문) 대구고등법원 2015.08.17 2014누6501
보상금증액
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation of this case are as follows. The plaintiff's argument that the plaintiff emphasizes in the trial of the court of the first instance is identical to the reasons for the judgment of the court of the first instance except for adding the following judgments to the corresponding part. Thus, this is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The second part of the judgment of the court of first instance is "the third part of the national industrial complex development project for Daegu Gabaet" as "the third part of the national industrial complex development project for Daegu Gabaeck National Industrial Complex" (hereinafter referred to as "the project in this case").

Attached Form 1 "Related Acts and subordinate statutes" of the judgment of the first instance court shall be as shown in the attached Form "Related Acts and subordinate statutes".

2. Additional matters to be determined;

A. At the time of the Plaintiff’s assertion, the Plaintiff’s adjudication on expropriation and the court’s appraisal, selected as a comparative standard land of 940 square meters in Daegu-gun, Daegu-gun, and the above land differs from each of the instant land and its surrounding environment, location, and individual land price. Therefore, it is unreasonable to calculate the market price of each of the instant land based on the comparative standard.

B. Article 22(1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects provides that "the appraisal of land to be acquired shall be based on the officially announced value of one or more reference land deemed to have the usefulness similar to that of the land to be appraised," and Article 22(3) of the same Act provides that "the reference land under paragraph (1) shall be the same or similar to that of public law, such as specific-use areas, specific-use districts, specific-use zones, specific-use zones, etc. as stipulated in Articles 36 through 38, 38-2, and 39 through 42 of the National Land Planning and Utilization Act, the land to be appraised shall be identical or similar to that of the land to be appraised, and the surrounding environment, etc. of the land to be appraised shall be the same or similar to

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