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(영문) 서울고등법원 2016.12.16 2016누46245
보상금증액
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts in this court that “The trees of this case constitute “a forest equivalent to timber trees or standing trees belonging to a similar natural forest” as stipulated in Article 39 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and thus are subject to separate compensation from each land of this case.”

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. The first instance court's decision rejecting the plaintiff's assertion on the ground that the evidence submitted in the first instance court was admitted in addition to the evidence (Evidence A to A-7) presented in this court is justifiable.

3. In conclusion, the plaintiff's claim is without merit.

In conclusion, the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.

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