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(영문) 대전지방법원 2017.11.29 2015구합105390
손실보상금
Text

1. The Defendant’s each money stated in the “request amount” column in the separate sheet to the Plaintiffs and each of them from July 2, 2015.

Reasons

The project approval process and public announcement - Public announcement of the project name: I - Public announcement of the Sejong Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-Governing Province on May 12, 2015 - Each land indicated in the column for "land subject to expropriation" in the attached list "land subject to expropriation" (hereinafter referred to as "land in this case"): The starting date of expropriation: the ruling (hereinafter referred to as "the ruling in this case") dated 22, 2015 by the Central Land Tribunal on July 1, 2015 (hereinafter referred to as "the ruling in this case") - Contents of the adjudication: No dispute exists over the increase in compensation for losses (the grounds for recognition" in the attached list) (including the serial number; hereinafter the same shall apply), each statement in Gap Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-Governing City, and the purport of this case.

Judgment

Since an appraisal requires special knowledge and experience in order to determine any matter, it is nothing more than using such knowledge or experience as a supplementary means for the determination. Thus, in a lawsuit on the increase or decrease of compensation, there are several different appraisals which conflict with each other about the same facts, and unless there is no evidence to prove that any one of them is erroneous, the court has employed any one of the appraisal or recognized any fact based on only a part of the appraisal.

Even if it does not go against the logical or empirical rules, it cannot be deemed unlawful.

(See Supreme Court Decision 94Nu14919 Decided September 5, 1995, Supreme Court Decision 2002Du592 Decided April 9, 2002, etc.). Meanwhile, Article 67(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) calculates the amount of compensation, land due to the relevant public works.

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