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(영문) 대구고등법원 2018.11.30 2018누3890
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following monetary payment order shall be revoked.

Reasons

1. The plaintiff filed a claim for the payment of compensation for land and obstacles and the amount of compensation for farming losses, but part of the compensation for land and obstacles was accepted, and the remainder of compensation for land and obstacles and the amount of compensation for farming losses was dismissed, and the decision of the court of first instance was dismissed.

As the court prior to the remand dismissed the Plaintiff’s appeal, the Plaintiff appealed against “the part dismissing an appeal on the amount of compensation for farming loss among the judgment of the court of first instance” in the judgment prior to the remand, and the Supreme Court accepted the Plaintiff’s appeal and rendered a judgment of remanding that “the part against the Plaintiff regarding compensation for farming loss among the judgment of the court of first instance against the judgment of the court of first instance is reversed, and that this part of the case is remanded to the court of first instance,” the scope of the judgment is limited to

2. Details of ruling;

(a) Project approval and public announcement - Project name: B river environment rearrangement project - Project implementer: Defendant (competent authority: Busan Regional Land Management Office) - Project approval: Public announcement C of February 8, 2012;

B. The Central Land Tribunal’s ruling of expropriation on November 21, 2013 (hereinafter “instant adjudication of expropriation”): Each land and obstacles listed in the “list of Compensation” attached Table 1, owned by the Plaintiff - Compensation Commencement Date: December 23, 2013 - Compensation for losses: 580,80,803,360 won (i.e., land 412,275,760 won (i., the same shall apply to land 168,527,60 won, and detailed contents thereof) - An appraisal corporation: A new appraisal corporation, a new appraisal corporation, a certified public appraisal corporation in the future;

C. The Central Land Tribunal’s ruling on objection (hereinafter “the instant ruling”) dated March 20, 2014 - Details of the ruling: The details of the dismissal of the portion of the land and farming loss, and the details of the increase in KRW 10,567,40 for the portion of the obstacles, are as shown in attached Table 1.

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