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1. The Defendant, among the judgment of the court of first instance, that was remanded (Supreme Court Decision 2013Du2587 Decided June 27, 2013) became final and conclusive.
Reasons
1. After remanding, the first instance court accepted the part of the Plaintiff’s claim, “5,173,750 won and damages for delay thereof,” which is part of the Plaintiff’s claim, and only the Plaintiff filed an appeal as to the part against which the Plaintiff lost. The first instance court accepted part of the Plaintiff’s appeal and accepted part of “217,678,087 won and damages for delay thereof.”
As to this, only the plaintiff filed an appeal on the part against the plaintiff. The Supreme Court accepted the plaintiff's appeal and reversed the part against the plaintiff in the judgment against the plaintiff before remand and remanded this part of the case to this court.
Therefore, the portion cited by the first instance court (505,173,750 won and damages for delay thereof) is finalized as the judgment of the first instance court prior to the remand due to the Defendant’s failure to appeal. The portion cited as additional part (217,678,087 won and damages for delay) prior to the remand due to the Defendant’s failure to appeal, and thus, it became final and conclusive as the judgment of remand due to the Defendant’s failure to appeal. Accordingly, the subject of the first instance judgment after the remand is limited to the part against the Plaintiff
2. Details of ruling;
(a) Business authorization and public notice - Urban Development Project (Maritime Transportation Large Tourism and Resort Development Center ( Hot Spring Center) - Urban Development Project (hereinafter referred to as the “instant public project”) - Notice No. 2006-414 of Busan Metropolitan City on November 29, 2006 - Project implementer: Defendant
B. Decision of expropriation made on February 25, 2008 by the local land expropriation committee of Busan Metropolitan City: 120-4 7,295 square meters (hereinafter “instant land”) and its ground obstacles in Busan Metropolitan City, Busan Metropolitan City, Daegu, Busan, the Plaintiff-owned, and - The date of commencement of expropriation: April 7, 2008 - The expropriation compensation amounting to KRW 19,185,586,250 of the instant land and KRW 12,747,200 of the above ground obstacles - The land appraisal corporation, the Pacific appraisal corporation, the State appraisal corporation (hereinafter “the result of the appraisal”)
C. As to the instant land deposited by the Defendant: KRW 19,243,50,250, and its ground.