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(영문) 서울고등법원 (춘천) 2018.10.22 2018누796
토지수용보상금증액
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except where the plaintiffs added additional judgments such as Paragraph (2) with regard to the allegations emphasized by this court, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Plaintiffs’ assertion is 1.20% of the difference in the access conditions among individual factors, even though the access conditions and environmental conditions are monthly compared to the comparison standard of each of the instant land, and the difference in other conditions was 1.10%.

B. In light of the nature of the appraisal and assessment, the work of confirming and assessing the actual status, use, surrounding environment, etc. of the land and standard land subject to appraisal and assessment, i.e., the specific contents or expressions may be somewhat different depending on the subjective value, awareness, etc. of the appraisal and assessment business entity, and there is a difference in the friendly values indicating the contents.

As such, there is a somewhat different difference in the calculation of the values of high-risk values compared with the detailed contents.

Even if it is not determined as illegal unless it is determined as illegal due to an obvious intentional or negligent error of an appraisal business entity.

In full view of the evidence and the purport of the entire pleadings adopted by the first instance court (see, e.g., Supreme Court Decision 2003Da38207, May 14, 2004). In full view of the evidence and the purport of the entire pleadings, each comparison standard selected by each of the lands and the second court appraiser of the instant case is equal or similar to the specific use area, the current use thereof, the surrounding environment, and the reasons for the selection of each comparison standard revealed by the second court appraiser.

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