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(영문) 대전고등법원 2016.10.13 2016누11986
청산금
Text

1. All appeals by the plaintiff (appointed party) and selective claims in the trial are dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for this part of the reasoning of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance, except for the dismissal of part of the reasoning of the judgment of the court of first instance as follows. Thus, this part of the reasoning is cited by Article 8(2) of the Administrative Litigation Act

Part 3: 10 to 13: (2) Plaintiff, Appointors L, and M (hereinafter referred to as “Plaintiff, etc.”)

The head of Q and R is the owners of land, etc. who owned real estate or obstacles within the rearrangement zone in this case, and Q and R did not apply for parcelling-out in opposition to the establishment of the non-party partnership.

Meanwhile, in accordance with the agreement on the division of inherited property with AV, AW, AX, and AY, who is another co-inheritors in inheritance commenced on September 1, 2013 by Q Q as of September 1, 2013, the Selection decided to inherit all of the claims for the acceptance compensation against the Plaintiff, etc. and Qu’s non-party partnership recognized in the following relevant cases filed by the Daejeon Metropolitan City Land Tribunal and the non-party partnership. The Selection is a sole heir in inheritance commenced on October 14, 2013 by R.

The term “Plaintiff, etc.” in Chapter 3 is changed to “Plaintiff, etc., Q, and R”, respectively. The term “Inwards Association” in Chapter 7 is changed to the Daejeon Metropolitan City Land Tribunal and the Non-Party Association.

The Daejeon District Court partially accepted the claim against the plaintiff et al., Q and R on November 5, 2014 (However, the claim for compensation for losses under Article 42 of the Land Compensation Act was dismissed in entirety).

(1) The court rendered a judgment that rendered a decision, and the non-party union filed an appeal (the plaintiff, etc., Q, and R) by the court 2014Nu654, and the court rendered a decision that partially accepted the appeal filed by the non-party union and the incidental appeal filed by the plaintiff, etc., Q, and R on December 24, 2015, respectively. Accordingly, the non-party union, the plaintiff, etc., Q, and R were Supreme Court Decision 2016Du247.

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