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(영문) 서울고등법원 2015.02.10 2014누6847
손실보상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the “judgment on the Defendant’s argument” under the following Paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's argument of the trial

A. The gist of the claim is as follows: (a) The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (Amended by Act No. 11690, Mar. 23, 2013; hereinafter “Public Works Act”).

(2) According to Article 75(1)2 of the Act, if the cost of relocation of a business facility exceeds the price of the business facility, the cost of the business facility of this case shall be compensated for the price of the product. Whether the cost of relocation of the business facility of this case exceeds the price of the product shall be determined by individual goods. The cost of relocation of the business facility of this case consists of temporary installation works, basic construction works, mechanical installation works, mechanical installation works, mechanical installation works, electrical construction works, appurtenant works, etc., and the remainder of the cost of relocation exceeds the current price, which is the price of the product. Thus, the compensation for the business facility of this case shall be calculated based on the cost of transfer only on the cost of installation works, and the remaining cost of installation works, basic construction works, mechanical installation works, electrical construction works, appurtenant works, etc. shall be calculated based on the current price. However, it is clear that the cost of relocation of the business facility of this case was presented by the Defendant for convenience to calculate the cost of relocation or present price of the business facility of this case, and it does not refer to the price of each product of this case.

Therefore, as alleged by the defendant, the total amount of material and labor costs of the relevant item exceeds the present value, and the business facilities of this case are all included.

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