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(영문) 대법원 2010. 10. 28. 선고 2010두14404 판결
수용에 따라 보상금 지급이 불가능한 경우 실제 지급받은 금액만 양도가액임[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu40720 (No. 24, 2010)

Case Number of the previous trial

early 208west0205 (Law No. 8.29, 2008)

Title

If it is impossible to pay compensation due to expropriation, only the actual amount paid shall be transferred.

Summary

Where real estate is transferred due to expropriation, the transfer value shall be the sum of the amount actually paid and the amount of compensation to be paid at the time of expropriation in the future, or where it is impossible to pay compensation, the transfer value shall be the only amount actually

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Although all of the records of this case and the judgment of the court below and the grounds of appeal were examined, the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition

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