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(영문) 서울고등법원(춘천) 2020.09.21 2020누218
수용재결취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning for the court’s explanation on this part is that “1,571 square meters” with two pages of the judgment of the first instance as “1,571 square meters” and “1/3 of 1,571 square meters of 1,57 square meters of 1,571 square meters of 1,571 square meters of 1,57, and that part of the reasoning of the judgment of the first instance is identical to the corresponding part of the reasoning of the judgment.

2. The assertion and judgment

A. Since compensation for losses for the land of this case calculated through the adjudication of expropriation of the purport of the Plaintiff’s assertion and the adjudication of objection is calculated on a lower basis, the Defendant is obligated to pay to the Plaintiff reasonable compensation for losses, taking into account the sale price of the land adjacent to the land of this case, the difference between the land adjacent to the land of this case, the sale price of 1/3 equity, not the Plaintiff’s ownership, and the increase in the sale price of the land of this case.

B. In a lawsuit seeking an increase in compensation for losses due to land expropriation, the Plaintiff bears the burden of proving that the adequate compensation for losses exceeds the compensation for losses as stipulated in the adjudication of expropriation. However, in the case of this case where the first instance court and this court did not prove the appropriate amount of compensation by applying for market price appraisal on the land of this case, the evidence alone submitted by the Plaintiff is insufficient to recognize that the adequate compensation for losses exceeds the compensation for losses as stipulated in the adjudication of expropriation.

On the other hand, the Central Land Tribunal had two appraisal business operators evaluate the compensation for losses during each adjudication process and calculated the compensation for losses in an arithmetic mean. The appraisal conducted at each time of the above adjudication is specifically and comprehensively examined the factors for price calculation cited by the relevant statutes in assessing the compensation for the land in this case.

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