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(영문) 서울고등법원 2019.06.21 2018누66410
손실보상금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance, citing this case, is the same as the reasoning of the judgment of the court of first instance, except where the judgment is used or added as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] On the 3th 4th 4th 4th 5th son of the first instance judgment, the “the result of the instant court’s appraisal” is considered as the “the result of the first instance court’s appraisal.”

Each "court appraisal result" in the judgment of the court of first instance, 6th, 3th 7th 8th 7th 4th 17th 19th 19th 6th 6th 6th 6th 6th 6th 6th, and 19th

If the judgment of the court of first instance 4th, the "court appraisal amount" in the 21st sentence shall be deemed as "the appraised amount in the first instance court", and the "court appraisal amount" in the attached Table 1 shall be deemed as "the appraised amount in the first instance court".

[Supplementary part] The status of the Defendant Korea Land and Housing Corporation and whether the Defendants delayed application for adjudication (the Defendants are not the Defendant Korea Land and Housing Corporation designated as the project implementer by the public notice of Masung on September 25, 2014, and the Defendant Korea Land and Housing Corporation did not have the Plaintiff’s right to expropriate each of the instant land and obstacles, and the Defendant Gyeonggi-do, a road management authority, was allowed to expropriate the said land and obstacles by the public notice of Gyeonggi-do on August 25, 2016, and filed an application for adjudication on September 6, 2016, within 60 days thereafter, and thus, the application for adjudication was delayed. ② In addition, if it is deemed that the Defendant Korea Land and Housing Corporation delayed application for adjudication on September 25, 2014 by the public notice of Masung-si on September 25, 2014, the Defendant Land and Housing Corporation did not have the obligation to pay the compensation for adjudication, which became inconsistent with Article 28(1) of the Road Act.

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