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(영문) 서울고등법원 2018.01.19 2017누50289
손실보상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following supplementary judgments as to the allegations emphasized by the plaintiff in the trial of the court of first instance, and therefore, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

[Supplementary Judgment] The plaintiff asserts that the appraisal of the land of this case and the land of this case, the land category, road traffic status, shape land tax, etc. which are similar to the land of this case and the land of this case and the land of this case are not designated as a comparative standard and that the land category of 12,595 square meters is wrong. However, according to the records of evidence No. 2 of this case, the appraisal of the first instance court appraiser of this case, the fact inquiry results of the first instance court appraiser of this case, the first instance court appraiser of the first instance court's appraisal of the land of this case, the appraisal of the land of this case should be selected as a comparative standard in accordance with the selection criteria of comparative standard under Article 22 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and the land of this case, the land of this case, the actual use status of which is the same as the land of this case, but it does not coincide with the actual use status of the land of this case. Thus, the plaintiff's allegation is not acceptable.

2. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion.

The plaintiff's appeal is dismissed as it is without merit. It is so ordered as per Disposition.

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