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(영문) 서울고등법원 2020.11.18 2020누47146
보상금증액
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition as follows. Thus, the Plaintiff A asserts to the effect that the part of the K land of 124 square meters among the K land assessed as the current status is not a “de facto private road,” and thus, it should be evaluated as a “de facto private road,” not a “road.”

However, on October 1, 2019, the presiding judge of the first instance court rejected the said Plaintiff’s assertion of the same purport on the date of pleading of the first instance trial on October 1, 2019, by deeming the same purport as the method of attack and defense by practical time limit. In order for the said Plaintiff to make such assertion again in the first instance trial to delay the conclusion of litigation by submitting the said method of attack and defense intentionally

In accordance with Article 8(2) of the Administrative Litigation Act and Article 149(1) of the Civil Procedure Act, this Court shall dismiss this part of the claim of the above plaintiff and determine the remainder.

It shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In the text of the judgment of the first instance, "this court" shall be deemed "the first instance court".

The "Land Compensation Act" in 8th 1st e.g., "Land Compensation Act" shall be applied to "Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as "Land Compensation Act").

The 13th parallel of 4 pages "Land Compensation Guidelines" shall be construed as "Gu Land Compensation Guidelines (Before the full amendment was made on February 28, 2018; hereinafter "Gu Land Compensation Guidelines"), and the Land Compensation Evaluation Guidelines in the first instance judgment shall be construed as "Gu Land Compensation Evaluation Guidelines".

13. The following shall be added as follows: 4 pages 13.

Article 23 (2) of the Enforcement Rule of the Land Compensation Act provides that the land compensation amount shall be assessed without considering any change in the specific use area or specific use district for the purpose of the relevant public works.

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