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(영문) 수원고등법원 2019.06.26 2019누10265
손실보상금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following “the part which is dismissed or added.” Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The determination of “...” on the third-party 20th part of the order or addition shall be based on “a determination as to the primary claim” and the following shall be added to the fourth-party 18th part:

Although the Plaintiff asserts to the effect that the appraised value based on the result of the appraisal by the appraiser of the first instance court falls short of the agreed price with other cash clearingors, in light of the fact that the present situation of the land included in the place of project execution is different, and that the pricing and the calculation of compensation by agreement is different from the nature of the land, it is insufficient to recognize the Plaintiff’s assertion solely with the statement of evidence No. 5, and there is no other evidence to acknowledge it. The Plaintiff’s above assertion is without merit. The judgment on the following conjunctive claim is added under the fifth 3rd of the judgment of

(C) The Plaintiff’s assertion 1) received a decision to preserve evidence by filing an application for the preservation of evidence with the Suwon District Court for the appraisal of the obstacles of the instant case, but suffered mental pain by disregarding the court’s decision and removing the obstacles of the instant case. However, the amount of consolation money is appropriate in light of various circumstances.

The plaintiff seeks the payment of consolation money within the scope of the amount which is not accepted by the principal claim to the defendant.

2. In full view of the statement No. 4 of the judgment of the judgment of the court of first instance and the purport of the entire pleadings as a result of the appraisal by the appraiser J of the first instance court, the plaintiff applied for preservation of the obstacles of this case to the Suwon District Court on February 21, 2018, and the Suwon District Court on February 28, 201

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