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(영문) 대법원 2019.11.28 2017두67049
보상금증액 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The court below acknowledged the fact that the price of the remaining land of this case was reduced due to the expropriation of the land for the public works of this case, and found 865,611,700 won, which is the amount calculated by deducting the price after incorporation from the price before incorporation of the remaining land separately evaluated as the whole land or the land incorporated as the public works area, as the total compensation amount due to the decline in the value of

In light of the relevant legal principles and records, it is inappropriate for the lower court to accept the Supreme Court Decision 2003Du2816 Decided September 24, 2004, which applied the provision of the Enforcement Rule of the Act on the Compensation for Public Loss and Compensation for Loss, but the lower court’s determination that calculated the amount of compensation for the remaining land

The lower court did not err in its judgment by misapprehending the legal principles on the assessment method and appraisal of the remaining land value and by failing to exhaust all necessary deliberations, as otherwise alleged in the grounds of appeal.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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