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(영문) 서울고등법원 2019.04.19 2018누70150
손실보상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. In the first instance court, the Plaintiff claimed the suspension of business, the claim for compensation for losses, the claim for compensation for farming losses, the claim for compensation for losses from the problem of planting land, and the claim for compensation for losses from the damaged land and the obstacles in the instant land. The first instance court dismissed the Plaintiff’s above claim for compensation for losses, the claim for compensation for losses from farming losses, and the claim for compensation for losses from the problem of planting land, and the judgment partially citing the remainder.

The plaintiff did not appeal against the dismissed part of the judgment of the first instance but appealed only against the remainder of the claim.

Therefore, the scope of this Court's adjudication is limited to the claim for compensation for the loss of the land in this case and the damaged materials.

2. The reasoning of the judgment of the court of first instance cited in the instant case is as follows, except for the addition of the judgment of the court of first instance to the reasoning of the judgment or the Plaintiff’s assertion added or emphasized in the trial (excluding the part dismissing the lawsuit in the judgment of the court of first instance). 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.

(Other matters alleged by the Plaintiff in the trial are not significantly different from the contents alleged by the Plaintiff in the first instance trial, and even if all of the evidence submitted in the first instance trial is examined, the judgment of the first instance court that rejected the Plaintiff’s assertion is justifiable). [Attachment 9, 5, 6, 6, 7, 8, 7, 16, 7, 16, each of the “appraisals” in the first instance judgment is deemed to be the “appraisals in the first instance trial.”

On the six pages of the judgment of the court of first instance, the "witness" of the second instance is regarded as a "witness of the court of first instance".

The first instance court's three pages 5, 6 pages 3, 7 pages 8, each "this court" as "the first instance court".

【Supplementary Decision】

A. The court appraisal 1 of the gist of the Plaintiff’s assertion is one of the reference land price for precedent standards when calculating the correction value of other factors.

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