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(영문) 서울고등법원 2020.11.18 2019누66318
보상금증액
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the cases of using or adding part as follows, and therefore, Plaintiff A asserts to the effect that: (a) 70 square meters among M land and P land; (b) 85 square meters among Plaintiff C’s land; (c) 13 among T land; and Plaintiff E’s 68 square meters among V land; and (d) 13 and 68 square meters among the above land is not a “de facto private road,” and thus, it should

However, on October 1, 2019, the presiding judge of the first instance court rejected the aforementioned plaintiffs' assertion of the same purport on the date of the 10th trial of the first instance court, deeming it as the method of real-time attack and defense. The said plaintiffs' second assertion in this court is recognized as delaying the conclusion of litigation by submitting the aforementioned methods of attack and defense intentionally or by gross negligence at the latest.

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 decide only on the remainder.

Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be quoted as it is.

[Supplementary or supplementary parts] The "this Court" mentioned in the text of the judgment of the court of first instance shall be added to "the first instance court".

Part 5 of the judgment of the first instance court, the "Metropolitan Area Metropolitan Planning 2020" in Part 5 shall be amended to "Metropolitan Area Metropolitan Planning 2020 (hereinafter referred to as the "Metropolitan Area Plan").

In the fifth page of the first instance judgment, the “Land Compensation Evaluation Guidelines” in Part 8 shall be dismissed as “former Guidelines for Land Compensation (Before the full amendment was made on February 28, 2018; hereinafter “former Guidelines for Land Compensation”),” and the “Land Compensation Evaluation Guidelines” in the first instance judgment shall be fully improved as “former Guidelines for Land Compensation”.

The attached Form 1 of the judgment of the court of first instance shall add the details of the “related Acts and subordinate statutes” in this judgment.

From the fifth judgment of the first instance to the 15th judgment, the following acts are followed.

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