logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.06.25 2018누76844
손실보상금 증액
Text

1. All appeals filed by the plaintiffs are dismissed.

2. 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 scope of this Court’s adjudication is the case where: (a) the Plaintiffs and the joint Plaintiff 47 of the first instance trial seek business compensation from the Defendant, who is the project implementer of an urban planning facility project (BN project); and (b) the Defendant seeks the payment of housing relocation cost and relocation cost.

The first instance court dismissed the respective primary claims of 45 persons among the plaintiffs F, G, BI, BJ, BK, and BL, on the ground that they did not follow the adjudication procedure, and dismissed the respective primary claims of the plaintiffs A, C, D, E, I, J, L, M, AB (hereinafter "B") and the joint plaintiffs of the first instance court on the ground that the business did not meet the compensation requirements, and dismissed them on the ground that they did not recognize that each conjunctive claims of the plaintiffs and 47 joint plaintiffs of the first instance court were residing in a residential building.

Therefore, only the plaintiffs appealed against the part of the judgment of the court of first instance against the plaintiffs, but they withdrawn the appeal against each conjunctive claim by the court of first instance. Thus, the scope of the judgment of this court is limited to each primary claim of which the plaintiffs appealed.

2. The grounds asserted by the Plaintiffs as to each of the primary claims by the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance is newly examined, the judgment of the court of first instance that rejected the Plaintiffs’ assertion is justifiable.

Therefore, the reasoning for this court's explanation concerning this case is as follows: ① each of the plaintiffs listed in the 10th and 11th of the first instance judgment's "the plaintiffs listed in the 10th and 11th of the 11th," and each of the plaintiffs listed in the 12th and 2th of the 12th "the plaintiffs listed in the 10th "F, G, BI, BJ,K, and BL", respectively, and ② The 14th and 2th of the 14th cannot be "no"

On the other hand, the above plaintiffs cannot receive compensation for the closure of business due to the breeding business or slaughter business.

arrow