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(영문) 서울고등법원 2015.07.10 2015누31772
손실보상금증액등
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

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

Reasons

1. The reasoning in this case by the court of the first instance is as stated in the reasoning of the judgment of the first instance, except for the following two changes, and thus, this case is quoted by the Administrative Litigation Act, Article 8(2) of the Civil Procedure Act and the main text of Article 420 of the Civil Procedure Act.

2. A change in the changed part of the judgment of the court of first instance shall be made from 11 to 13 pages as follows:

B. Whether the application for adjudication was delayed [Plaintiff’s assertion] Although the Defendant was bound to file an application for adjudication by May 3, 2013, which served as the 60th day from the receipt of a written application for adjudication on March 4, 2013, but did not pay the compensation as determined in the first adjudication, so it cannot be deemed that the Defendant fulfilled the above obligation.

Therefore, the defendant should pay late 186 days from May 4, 2013 to November 5, 2013, the second application date for adjudication.

[Judgment] The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall apply mutatis mutandis to a project executor who expropriates a parcel of land or building for implementing a rearrangement project in a rearrangement zone (hereinafter “Land Compensation Act”). According to the Land Compensation Act, if an agreement is not reached after a public announcement of project approval (applicable to public announcement of project approval in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) has been made, a landowner and a person concerned (hereinafter “owner, etc.”) may request a project executor to file a written application for adjudication under the conditions as prescribed by the Presidential Decree. The project executor shall file an application for adjudication with the competent Land Tribunal within 60 days from the date on which the request is made under the conditions as prescribed by the Presidential Decree. If the project executor files an application for adjudication after the lapse of the period, the period shall be calculated by applying the statutory interest rate under Article 3 of the Act on Special Cases concerning the

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