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(영문) 서울고등법원 2016.02.19 2015누56368
보상금증액등
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The reasons stated in this case by the court of this case are as stated in the reasoning of the judgment of the court of first instance, except for the following addition, and thus, they are quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Each appraiser of this court’s additional determination [the Plaintiff’s assertion] was found to be located outside the business area despite the high rate of increase in the officially announced land price in the business area, and the officially announced land price also was selected as a comparative standard for comparison of the land of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, which is remarkably lower than the instant land, thereby unfairly underassessment the compensation for losses for the instant land.

[Judgment] The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. However, the first instance court's decision rejecting the plaintiff's assertion is justified, considering all of the evidence submitted in the first instance court and additional evidence submitted in this court (A9).

[Plaintiff’s assertion] Each appraiser shall calculate the compensation based on the officially assessed individual land price on January 1, 2013 near the date of adjudication on expropriation ( August 23, 2013) and the date of commencement of expropriation ( October 11, 2013), but otherwise, it is unlawful as it assessed the market price based on the officially assessed individual land price on January 1, 2010.

[Judgment] Pursuant to Article 70(4) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), each appraiser assessed the market price at the time of adjudication of expropriation of the instant land based on the officially announced price as of January 1, 2010, which is most adjacent to the date of public announcement of authorization for modification.

Article 70(5) of the Land Compensation Act, and each subparagraph of Article 38-2(1) of the Enforcement Decree of the Public Works Act provides that the price of the land to be acquired may vary due to the public announcement or announcement of the plan or implementation of the public works in relation to the “the selection of the publicly announced land base date” as the area of the instant project is merely 151,745 square meters.

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