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(영문) 서울고등법원 2019.07.05 2018누76448
손실보상금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The contents of the Plaintiff’s assertion at the trial of the first instance do not differ significantly from the contents of the Plaintiff’s assertion at the trial of the first instance, and the judgment of the first instance court that dismissed all the Plaintiff’s primary claim against the Defendant Union and the conjunctive claim against the Defendant Seoul Special Metropolitan City, even if examining these allegations together with the evidence presented at the first instance and the trial of the

Therefore, the reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except for the following parts, and thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Supplementary part] On the three pages 2 of the judgment of the court of first instance, the "owner of land, etc." shall be deemed "owner of land, etc." as "owner of land, etc."

In the first instance judgment, the "Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as "Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents")" in the 9 and 10th sentence in the letter box as "Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017)" and the "Gu Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents")" in the same letter box as "Gu Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Presidential Decree No. 28628, Feb. 9,

The following is added between the 7th 6th 6th 6th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 14th 7th 3th 7th 7th 7th

Article 30 (2) and (3) of the Land Compensation Act shall apply for adjudication to the competent Land Tribunal within 60 days from the date on which the project operator has received a claim for adjudication, and when an application for adjudication has been filed after the expiration of the period, the amount calculated by applying the statutory interest rate under Article 3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings to the delayed period.

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