logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2015.12.24 2014누654
수용재결취소 등
Text

1. Disposition of the court of first instance No. 2.b.

Defendant who ordered payment in excess of the amount ordered under this subsection.

Reasons

1. In the first instance trial, the Plaintiffs filed a claim against the Defendant Committee for the revocation of the adjudication of expropriation at the first instance trial, and (1) the amount of compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), (2) additional dues under Article 30(3) of the Land Compensation Act (additional dues due to delay of application for adjudication), (3) additional dues under Article 87 of the Land Compensation Act (additional dues due to withdrawal of administrative litigation by the project operator), and (4) compensation for losses under Article 42 of the Land Compensation Act.

The first instance court dismissed a lawsuit against the defendant's primary claim, and accepted a claim for the amount of compensation for losses in full among the conjunctive claims against the defendant's union. ② The additional claim under Article 30 (3) of the Land Compensation Act is partially accepted (However, the designated party's portion AK was cited in excess of the claim amount), ③ The additional claim under Article 87 of the Land Compensation Act is partially accepted [However, the designated party's claim for the additional charge under Article 87 of the Land Compensation Act is partially accepted(However, the designated party I, J, E, F,O, P, M, H, H, and the same joint company (hereinafter referred to as "joint

(4) The claim for compensation for losses under Article 42 of the Land Compensation Act was ruled to be entirely dismissed.

Accordingly, the defendant union filed an appeal regarding the part against the defendant union among the judgment of the court of first instance, and the plaintiffs filed an incidental appeal to add the claim for additional dues under Article 30 (3) of the Land Compensation Act of the selected party I through the incidental appeal petition from the court of first instance on June 9, 2015.

In addition, the plaintiffs did not file an appeal or incidental appeal concerning the part against the plaintiffs in the judgment of the court of first instance (the part of the main claim and the part of the main claim) until the date of closing the argument in the trial of the

On the other hand, the plaintiffs' primary claim against the defendant committee and the ancillary claim against the defendant union are stipulated in Article 8 (2) of the Administrative Litigation Act.

arrow