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(영문) 서울고등법원 2017.01.13 2016누57535
손실보상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

2. The defendant shall make the plaintiff 17,035.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where the original local land management authority under the Defendant’s control is the primary local land management authority, and the public-private partnership corporation is a concessionaire, seeking compensation for losses and its delay damages due to the decline in the price of the remaining land based on Article 73 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), by asserting that the price of the remaining land acquired through consultation and remaining after acquisition of the land owned by the Plaintiff due to consultation in order to implement the “broadband- original local highway public-private partnership project” based on the Act on Public-Private Partnerships in Infrastructure as a concessionaire (hereinafter “Public-Private Partnership Act”).

The first instance judgment dismissed the Plaintiff’s claim on the ground that the Plaintiff’s land does not fall under the remaining land and does not fall under the subject of indirect compensation for loss, and the Plaintiff appealed only to the portion of compensation for loss (excluding the portion of delayed damage).

[Attachment of the relevant Acts and subordinate statutes]

B. The premise factual basis is 【Evidence 4, A5, 6, 7-1, 2, 9, and 10 of the entire pleadings, and (i) the purport of the entire pleadings by the Plaintiff is the head of the original district management office under the jurisdiction of the Defendant based on the Social Infrastructure Investment Act (land acquisition) and the owner of the 1,420 square meters of B forest and field, each of which is necessary for the Jeju-Seoul Highway Private Expressway Investment Project (hereinafter “Road Construction Project”), which is implemented by the joint project implementer, as a joint project implementer.

The Ministry of Land, Transport and Maritime Affairs, which is the competent authority, shall prepare an implementation plan for the road construction project and obtain the approval of the implementation plan and the approval of the change of the implementation plan based on the Luxembourg Infrastructure Investment Act, and the notification of the plan.

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