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(영문) 서울고등법원 2019.08.23 2019누36225
손실보상금
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: the court's explanation of this case is as follows: "this court" of the first instance court's 3th 7th 7th - "the first instance court"; "the second 2th - judgment" of the third 3th 13th - "the plaintiff's primary claim"; "the evidence Nos. 4 and 5th - alone" of the fourth 7th 8th - "the evidence Nos. 4 and 5 of the first 4 and 5 are alone stated in the evidence Nos. 4 and 5th ," and the following facts are the same as the reasoning of the first instance court's judgment, except for the addition of the judgment as to the conjunctive claim added in the court's first - as stated in paragraph 2 of the same Article.

(2) The court of first instance that rejected the Plaintiff’s assertion on the primary claim at the court of first instance on the grounds that the Plaintiff’s assertion on the primary claim is not significantly different from the contents of the Plaintiff’s assertion at the court of first instance, and even if all of the evidence presented at the court of first instance and the trial were examined, the judgment of the court of first instance that rejected

A. The plaintiff's assertion that the defendant, in preparation for the lawsuit claiming compensation for losses, neglected the court's decision despite having received the preservation order for the appraisal of the land and obstacles of this case from the Suwon District Court, and caused the plaintiff to deprive the plaintiff of the opportunity to receive appraisal of the obstacles of this case by the court appraiser and caused mental suffering to the plaintiff. Thus, the defendant is obligated to do so with money for mental suffering suffered by the plaintiff, and the amount of consolation money is appropriate in consideration of various circumstances such as the importance of the plaintiff's substantive and procedural rights deprived of the amount of consolation money.

B. On January 11, 2018, the Plaintiff filed an application for preservation of the instant land and obstacles with the Suwon District Court (U.S. District Court 2018do3040), taking full account of the respective descriptions of evidence Nos. 4 and 6 and the overall purport of the pleadings at the court’s appraisal.

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