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(영문) 서울고등법원 2019.05.30 2018누48610
손실보상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The scope of this court’s trial at the first instance court’s judgment, ① the difference between the reasonable amount of compensation and the amount of compensation for delay due to the result of the court’s appraisal at the first instance court with respect to each land owned by the Plaintiffs, ② the Plaintiffs sought delayed payment, additional dues, and damages for delay pursuant to Article 30(3) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Amount of compensation for expropriation adjudication at the second instance (hereinafter “Land Compensation Act”), respectively. The court of the first instance accepted the aforementioned claims in full.

As to this, the defendants appealed only to the above (2) delay additional charges and damages for delay, the scope of the judgment of this court is limited to the above delay additional charges and damages for delay.

2. The reasoning for this case by the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the addition as follows. Thus, this case shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

(i) The Defendants, including (i) the status of the Defendant Korea Land and Housing Corporation and the delay of the Defendants’ application for adjudication, are added as follows following the fourth page. The Defendants delayed the application for adjudication on September 6, 2016, following the fact that the Defendant Korea Land and Housing Corporation, designated as the project implementer by the public notice of the Matern on September 25, 2014, was not a road management authority, and thus, did not have the right to expropriate each land and obstacles of the Plaintiffs. The Defendant Gyeonggi-do, the road management authority of which was only by the public notice of the Gyeonggi-do on August 25, 2016, applied for adjudication on September 6, 2016, which was within 60 days from that date.

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