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(영문) 서울고등법원 2020.10.28 2018누65684
손실보상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendants are the defendants.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: Road Project (B Corporation; hereinafter referred to as the “instant project”) - Project operator: The Defendants - Public notice - Gyeonggi-do public notice on August 25, 2016

B. B. On March 12, 2014 and July 29, 2015, the land prior to the division, etc. of the Plaintiff’s land, etc., the Plaintiff owned 19,835/200 square meters in H 23,012 square meters (the Plaintiff’s share: 19835/23702) of the subdivision on July 29, 2015, J 4,842 square meters in J 3,662 square meters in 153 square meters in 15,017 square meters in 2,701 square meters in 15,316 square meters in H 23,012 square meters (the remaining land in this case) of H 23,012 square meters (hereinafter “D”), but was divided as follows before the subdivision.

Of each of the sound portion of the table below, 19,835/23,702 shares owned by the Plaintiff is collectively referred to as “each of the instant land subject to expropriation.” From July 29, 2015, 19,835/23,702 shares owned by the Plaintiff among the 15,316 square meters of H forest land after division into July 29, 2015, “the remaining land of this case”; and after division, the form of each of the instant land subject to expropriation and the remaining land of this case shall be attached hereto.

1. The same shall apply to [a] forest;

(c) C. The Central Land Expropriation Commission’s ruling of expropriation on December 7, 2017 - Each land subject to expropriation of the instant case - The date of commencement of expropriation: Compensation for losses on each land subject to expropriation of the instant case: In the following column: Compensation for losses on the decline in the value of the remaining land of the instant case: Compensation for losses on the decline in the value of the instant land: No compensation for losses on the ground that each land subject to expropriation of the instant case has no fall in the value of the remaining land of the instant case after the relevant land was incorporated into the project site of the instant case - An appraisal corporation: K and L Co., Ltd. (hereinafter “appraisals”) and their appraisal are “appraisal of expropriation.”

A person shall be appointed.

C. An appraisal conducted by the appraiser I of the first instance court (hereinafter “the appraiser of the first instance court”) (hereinafter “the appraisal by the court of the first instance”) - Compensation for losses for each land subject to expropriation: The amount of “the court appraisal by the court of the first instance” as set out below is the amount of the adjudication of expropriation by the court of the first instance.

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