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(영문) 서울고등법원 2017.03.28 2016누72572
손실보상금증액등
Text

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

Reasons

1. Facts based on which evidence Nos. 1-1, 6, 7, and 2-1, 6, 7-7 of evidence No. 2-1, 1-2, 2-1, 2-1, 2-2 of evidence No. 2, and the purport of the whole pleadings;

(a) Business approval and public notice - Railroad construction projects (J construction projects (hereinafter referred to as "project in this case"): The defendant; the defendant; the defendant; the defendant: K K and the same public notice L on November 6, 2012, announced by the Ministry of Land, Transport and Maritime Affairs, and on June 4, 2013;

(b) Land to be expropriated and remaining land to be expropriated - Land to be expropriated: as shown in the column of “land (Acheon M)” in attached Table 1 [Attachment 1]

(hereinafter referred to as "each land of this case") - The remaining land: Attached Form 2 attached hereto, which is the same as the entry in the column of "the remaining land after incorporation".

(hereinafter “each remaining land of this case”)

C. The Central Land Tribunal’s ruling on expropriation on December 19, 2013 (hereinafter “instant adjudication on expropriation”) - Compensation: Attached Table 1 [Attachment 1] stating “the amount of compensation for expropriation” in the details of land compensation.

- Claim for compensation for losses due to a decrease in the price of the remaining land: “The person in charge may make it difficult to determine the decline in the value of the remaining land in the present condition, and make it possible to determine the accurate decline in value after the completion of the construction, so it shall be treated again if there is a claim for compensation for losses due to the decline in the value of the remaining land after the completion of the construction.” The date of commencement of expropriation: February 11, 2014.

The Central Land Tribunal made an objection on January 22, 2015 (hereinafter referred to as “the instant objection”) - Details of the written objection: The details of the written objection shall be as specified in the attached Table 1 [Attachment 1] stating the “amount of compensation for objection” in the details of land compensation.

- Claim for compensation for losses due to the decrease in the price of the remaining land: it shall be dismissed on the same ground as the instant expropriation ruling. 2. Since part of the land owned by the plaintiffs by the plaintiffs is incorporated into the instant project zone, the price of each remaining land of this case, such as the statement in the attached Table 2, has decreased, as the price of each remaining land of this case has been stated.

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