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(영문) 서울고등법원 2014.12.30 2014누6168
손실보상금등청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The total costs of the lawsuit that occurred after the appeal shall be borne respectively.

Reasons

1. The scope of this court’s judgment sought additional compensation for each land owned by the plaintiffs within the zone subject to D Housing Redevelopment Project (Plaintiff A: 69,416,100, Plaintiff B: 56,98,500, Plaintiff C: 107,654,400, and Plaintiff C: 107,654,40) and additional charges for delay in applying for a ruling of expropriation (Plaintiff A: 261,956,255, Plaintiff B: 149,226,543, Plaintiff C: 490,81,927, and Plaintiff C: 490,81,927). However, the plaintiffs exceeded the sum of the above compensation and additional charges on May 8, 2012; Plaintiff A’s 335,000,000,0000, Plaintiff B’s 210,0000,000 and damages for delay as claimed respectively.

B. On the other hand, the first instance court rejected all the claims for reasonable compensation for each land owned by the Plaintiffs (Plaintiff A: 69,416,100 won, Plaintiff B: 56,98,500 won, Plaintiff C: 107,654,400 won, and additional claims for delay in the application for adjudication on expropriation.

Accordingly, with respect to the portion of the claim for additional charges for the delay of the application for expropriation (the part against the plaintiffs), the defendant filed an appeal against the portion of the claim for additional compensation for the land (the part against the defendant). The defendant's appeal is dismissed, and the part against the plaintiffs in the judgment of the court of first instance was partially accepted, and the part of the appeal against the plaintiffs in the judgment of the court of first instance is revoked, and additional charges for the delay of the application for expropriation (the plaintiff A: 259,486,662, the plaintiff B: 148,164,069, the plaintiff C: 484,40,418) and the damages for delay corresponding to the revoked portion.

On the other hand, only the defendant appealed the part against the defendant in the judgment before remanding the case (the additional charge for the delay of the application for the adjudication of expropriation and the damages for delay thereof) and the Supreme Court reversed and remanded the appeal.

Therefore, among the claims of this case in the judgment before the remanding of the plaintiffs, the remainder (the defendant's appeal part) other than the additional claims against the delay of application for adjudication has already been determined.

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