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(영문) 서울고등법원 2012.04.06 2011누31019
손실보상금등
Text

1. Of the judgment of the first instance court, the part against the plaintiffs corresponding to the amount ordered to be paid below shall be revoked.

2...

Reasons

1. The part excluding the conclusion among the reasons for the court's explanation in this case is as follows: "No. 10 May 19, 2010," "No. 10, 2010," "No. 10, 2010," "No. 12," "this part," "this part," "No. 14, 19 of the first instance court's decision," "this part," and "this part, no. 10, 16, and 13, 17 of the first instance court's decision as stated in paragraph (2), except in the following part, shall be cited as it is stated in the reasons for the first instance court's judgment. Thus, this part shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Part 2 of the delayed additional charges claim: (a) the prompt completion of the confinement procedure is interested in a major inmate; and when consultation is not effected after the public announcement of project approval, the landowner and person concerned (hereinafter “owner, etc.”) may request in writing the project operator to file an application for adjudication.

(Article 30(1) of the Public Works Act. This is to protect the interests of landowners, etc. and to ensure fairness between the expropriated parties, which is to make prompt confirmation of the legal relationship surrounding expropriation.

(1) A project operator shall file an application for adjudication with the competent Land Tribunal within 60 days from the date on which the application for adjudication is filed, and if a project operator files an application for adjudication after the said period has elapsed, additional charges calculated by applying the statutory rate under Article 3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be paid.

(Article 30(2) and (3) of the Public Works Act. On the other hand, when a project operator fails to pay or deposit the compensation by the commencement date of expropriation, the adjudication shall lose its effect (Article 42(1) of the Public Works Act), and the ruling shall be made.

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