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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2019.06.13 2018누73203
토지수용에 대한 보상금증액청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the entry of this case by the court of first instance concerning this case are as follows, and the part of the reasons for the judgment of the court of first instance is modified as follows, and the reasoning of the judgment of the court of first instance is the same as the entry of the reasons for the judgment of the court of first instance, except for the addition of the judgment on the assertion newly added by this court, so this shall be cited in accordance with Article 8(

[Revision] Part of the judgment of the court of first instance is as follows: Part 6, 4, and 9 are written in the following box.

① The instant land was divided from T land on December 22, 1993, and the land category on the public record of the instant land is a “influence” or may be recognized by the entry of A evidence No. 15.

However, in order to change the form and quality of the instant land, it is necessary to grant permission from the competent administrative agency pursuant to Article 4(1) of the former Urban Planning Act (wholly amended by Act No. 6243, Jan. 28, 200); Article 46(1) of the former Urban Planning Act (wholly amended by Act No. 6243, Jan. 28, 2000; repealed on Feb. 4, 2002); Article 56(1) of the National Land Planning Act; however, there is no evidence to acknowledge that the Plaintiff obtained such permission from the competent administrative agency.

Therefore, the Plaintiff’s form and quality had been maintained without permission from the competent administrative agency by doing ready-mixed and concrete strawing work on the instant land. Thus, the instant land should be assessed on the basis of the current status of “the answer,” which is the current use situation at the time of changing its form and quality, which is not the actual use status, as

2. Additional determination

A. Summary of the Plaintiff’s assertion 1) On the ground of T, U, and V land (hereinafter “instant building”) which is the land prior to the division of the instant land.

B. A building permit was obtained on May 7, 1993 with respect to T-owned land, including the land in this case, and approved for use on December 11, 1993. A building permit was granted pursuant to Article 8(4) of the Building Act, which was in force at the time.

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