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(영문) 대전고등법원 2019.08.29 2019누10199
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

3. The judgment of the court of first instance is ordered.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance is examined together with the evidence submitted in this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of this court is that of the first instance court is dismissed in part of the reasoning of the judgment as set forth in the following Paragraph 2, and the attached Form of the first instance court is replaced by the attached Form of the judgment, and therefore, it is identical to the reasoning of the first instance court. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and

2. In the part of the judgment of the court of first instance, each of the “this Court”, “court appraisal”, “court appraiser”, and “court appraiser” in the part of the judgment of the court of first instance shall be respectively dismissed.

4. The last page shall be deleted.

The 5th page 2 shall be replaced by the following:

In attached Form 4, "The amount of objection" shall be changed to "the list of plaintiffs 1' compensation" in attached Form 4, "attached Form 5 of "The amount of objection to the decision of expropriation was dismissed in the case of plaintiffs C, D, J, L,O, and S." (However, in the case of plaintiffs C, D, J, L,O, and S, the amount stated in the relevant column shall refer to the compensation for the initial decision of expropriation).

Part 6, Part 7, the following shall be added:

“3) The land price fluctuation rate of the Daejeon Metropolitan City, which has a comparative standard for each of the instant lands, is higher than 30% compared to the entire Daejeon Metropolitan City, while the land price fluctuation rate of the Seo-gu, Daejeon Metropolitan City is lower than 30% compared to the entire Daejeon Metropolitan City. As such, the average land price fluctuation rate of the Seo-gu, Seo-gu and Seo-gu, Daejeon Metropolitan City is lower than that of the Daejeon Metropolitan City, and thus, the land price of the Daejeon Metropolitan City and Seo-gu, which has a comparative standard land is lower than that of the Daejeon Metropolitan City. Thus, it cannot be said

Therefore, the fluctuation rate for time adjustment is the average of neighboring Sis/Guns/Gus.

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