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(영문) 서울고등법원 2015.08.28 2014누73458
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Article 6 (1) of the Act on Special Measures for the Compensation, etc. for Land Incorporated into River provides that "The appraisal of compensation shall take into account the land category and land use status at the time of incorporation, restrictions under the public law on the relevant land, current status of land use, and arm's length price of neighboring land similar thereto, etc." The above provision shall, in principle, be assessed on the basis of "land category and land use status at the time of incorporation," but it shall be interpreted to the effect that, if the land category and land use status at the time of incorporation

(see, e.g., Supreme Court Decision 2011Du8512, Aug. 30, 2012). The grounds alleged in the trial by the Plaintiffs filed an appeal by the lower court do not differ from the contents already alleged in the first instance trial. However, even if each of the evidence submitted in the first instance trial is examined and images submitted in the trial, it is difficult to understand the exact time of incorporation into the river area of each of the instant land and the land use situation at that time.

Therefore, it cannot be deemed that there is any error in the first instance judgment that calculated compensation for losses in consideration of the current land use situation.

Therefore, the reasoning for the judgment of the court concerning this case is the same as that of the judgment of the court of first instance, and thus, it is decided to accept this as it is in accordance with Article 8 of the Administrative Litigation Act and Article 420 of

2. It is so decided as per Disposition by the assent of all participating Justices, since the plaintiffs' appeal is without merit.

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