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(영문) 서울고등법원 2016.01.26 2015누41502
보상금증액
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. Details of ruling;

(a) Name of the project that approves and publicly notifies the project: Defendant on June 12, 2012, the Gyeonggi-do public notice D, the Gyeonggi-do public notice E, July 3, 2012, and the Gyeonggi-do public notice E, March 8, 2013: Defendant;

(b) The Plaintiff’s accommodation subject to expropriation on May 13, 2013 by the Gyeonggi-do Regional Land Expropriation Committee: 516 square meters prior to G, 387 square meters prior to G, 175 square meters prior to G, and 98.80 square meters prior to I, G land, and 175 square meters, and 65.66 square meters prior to G land, and compensation for losses for obstacles, etc., such as 361,123,280 square meters for reinforced concrete slab roof farming warehouses: (i) land 247,527,500 square meters and 113,595,780 square meters: The date of commencement of expropriation on June 28, 2013: 16,782,50 square meters for Hacheon-si and 36.75 square meters for housing: The date of commencement of expropriation on June 28, 2013.

Plaintiff A: 366,982,020 won (i.e., land 252,484,700 won, obstacles 114,497,320 won) of the Central Land Tribunal’s ruling on September 26, 2013: Plaintiff B: 【Grounds for Recognition of Application for Objection】 【Nos. 1, 2, B, 3, 4, 5, and 6-1 through 4

2. The Defendant’s claim for the increase of the compensation amount for H land at the appellate court (the Defendant asserted that Plaintiff A claimed the increase of compensation amount for H land at the first instance trial on September 23, 2014, but the claim for the change of claim does not include the increased amount of compensation amount for H land) is unlawful after the lapse of the period for filing a lawsuit (within 30 days from the date of receiving a written ruling on objection) under Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”).

However, since the objection as stipulated in Article 84 (2) of the Public Works Act is not effective in the entire acceptance ruling, the validity of the filing of administrative litigation, which is dissatisfied with the objection, shall also affect the entire acceptance ruling, and accordingly, the inmate shall increase the amount of compensation included in the whole contents of the acceptance ruling during the proceeding of the lawsuit.

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