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(영문) 서울고등법원 2020.11.18 2019누66684
보상금증액
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 as to the instant case is as stated in the reasoning of the judgment of the court of first instance, except for cases where the said judgment is dismissed or added as follows. Therefore, the Plaintiff A asserts that even in the court of first instance, it should be evaluated as “the entire road” rather than “the road,” since the pertinent P land assessed as the current status is not “the de facto private road” nor “the entire road”.

However, on October 1, 2019, the presiding judge of the first instance court rejected the said Plaintiff’s assertion of the same purport on the date of pleading of the first instance trial on October 1, 2019, by deeming the same purport as the method of attack and defense by practical time limit. In order for the said Plaintiff to make such assertion again in the first instance trial to delay the conclusion of litigation by submitting the said method of attack and defense intentionally

In accordance with Article 8(2) of the Administrative Litigation Act and Article 149(1) of the Civil Procedure Act, this Court shall dismiss the above part of the plaintiff's above assertion and determine the remainder.

It shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The term "this court" recorded in the text of the judgment of the first instance shall be deemed to be "the first instance court".

The "Land Compensation Evaluation Guidelines" in the 7th 7rd 7rd 7rd shall be construed as "Gu Land Compensation Evaluation Guidelines (Before the full revision of February 28, 2018; hereinafter referred to as "Gu Land Compensation Guidelines"), and the Land Compensation Evaluation Guidelines in the first instance judgment shall be construed as "Gu Land Compensation Evaluation Guidelines".

The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter referred to as the “Land Compensation Act”) shall be added to the 8th 4th 5th 5th .

8. The following shall be added to the 6th 6th 6th e.g.:

Article 23 (2) of the Enforcement Rule of the Land Compensation Act provides that the amount of land compensation shall be assessed without considering any change in the specific use area or specific use district for the purpose of the relevant public works.

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