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(영문) 서울고등법원 2015.09.11 2014누58480
이주대책비
Text

1. The judgment of the court of first instance is modified as follows.

(1) The defendant shall pay to the plaintiff B KRW 13,58,797, and KRW 18,465,868.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is that the Plaintiffs, who owned land and buildings, etc. to be incorporated into the development project zone for green areas and parks, did not recognize the amount of compensation for resettlement funds, etc. in the adjudication of expropriation rendered by the Land Tribunal against the Defendant, the project implementer, based on Article 85 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), seeking an increase in the amount of compensation for resettlement funds, etc., by asserting that it is unlawful.

The judgment of the first instance accepted all the claims of the plaintiffs, and the defendant appealed against this.

[Related Acts and subordinate statutes] Attached Form 1

B. Inasmuch as the premise is based on the premise, evidence 1, A2-1, 2, 3, 4, and 26, and the purport of the entire pleadings (i) the parties to the dispute are those holding land and residential buildings, etc. as shown in the attached Table (2) within the following business areas executed by the Defendant, and the Defendant is the project implementer implementing public works of urban planning facility projects (such as three creation works, such as green belt: three connected green belts, park: small park: No. 39, 40, and green park creation works, etc.) in the E zone at Suwon City.

Project approval for the public works executed by the Defendant and the details of the public works shall be as follows:

(However) However, the business set forth in No. 3 was jointly implemented by the Defendant with the LAWC. The public announcement of the public announcement of the business set forth in No. 5888, the Defendant announced H (O. 18, 201, Oct. 24, 2011) publicly notified I (O. 20: K (O. 30, May 21, 201) public notification L (K) No. 39, No. 40, No. 410, N. 41, N. 41, and N. 56, Jun. 27, 2012, 201) publicly notified I (O. 19, Oct. 27, 2012) publicly notified I (O. 2011) for the cost of construction works, such as the connected green belt No. 13: K C. 3 parks (O. 30, 2011).

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