(영문) 서울고등법원 2017.03.28 2016누65703

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(영문) 서울고등법원 2017.03.28 2016누65703

손실보상금

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1. The judgment of the court of first instance is modified as follows.

The defendant shall be 227,530,430 won to Plaintiff A and 1,415.

Reasons

1. The grounds for the court’s explanation on the facts and this part of the relevant laws and regulations are as follows: “O” of the judgment of the first instance, “AU”, “ Q” of the 7th part is corrected to “AV”, “AV”, “the results of fact-finding on the Minister of Land, Infrastructure and Transport” is deleted from “the grounds for recognition”, and “the results of fact-finding on the Minister of Land, Infrastructure and Transport” is the same as the corresponding part of the grounds for the judgment of the first instance except for adding the following to the end of the 13th part, and thus, they are cited as it is in accordance with Article 8(2)

Article 23 (Appraisal of Land Subject to Restriction in Public Law) (1) A project operator shall appraise the land subject to restriction in public law according to the condition of restriction: Provided, That where the restriction in public law directly aims at the implementation of the relevant public project, he/she shall appraise the land in which the specific use area, specific use district, etc. has been altered for the purpose of the implementation of the relevant public project.

2. Since the project of this case against the land of this case was substantially invalidated as the project of this case was announced publicly, or its contents were changed to the same contents as the project of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case,

Therefore, the defendant is obligated to pay the compensation indicated in the column for claim amount and delay damages for the land of this case, which is calculated based on the quasi-residential area and natural green area in the state in which the development restriction zone was cancelled, in the form of cancellation of the development restriction zone, to the plaintiffs.

3. Determination

A. The facts and evidence as seen earlier are based on the computation of compensation for the instant land.

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

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