(영문) 서울고등법원 2016.10.27 2016누49466

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(영문) 서울고등법원 2016.10.27 2016누49466

손실보상금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Object of the trial;

A. The record of this case reveals the following facts.

1) The Plaintiff filed the instant lawsuit against the acceptance ruling stating that “the amount of compensation for the land burial shall not be determined as KRW 12,180,000, and no compensation for livestock farming business losses shall be determined.” The Plaintiff asserted in the complaint that “the calculation of compensation for business losses is unlawful.” As part of the compensation, the Plaintiff sought payment of KRW 1,00,000 as compensation. As to the obstacles thereafter, the court’s appraisal result reveals that the total amount of KRW 21,68,368,360, which is less than KRW 12,180,000, and the total amount of KRW 13,40,668,360, which is less than KRW 13,40,000, and KRW 21,668,360,000, which is the amount of compensation for business losses, the amount of compensation for the said court’s appraisal on October 13, 2015, the Plaintiff appears to have been 9,008,360,360,39,38000.

(2) On November 17, 2015, the purport of the claim was extended to seek payment of the total amount of KRW 13,400,000,00 according to the court appraisal, and the purport of the claim was further expanded. (2) On November 5, 2015, the Defendant filed a claim for an increase in compensation for obstacles on the date of pleading No. 5, but, on November 17, 2015, stated that the Plaintiff’s withdrawal of the part of the claim for compensation for obstacles was dismissed through a request for an alteration to the purport of the claim and the cause of the claim.

B. According to the above facts, the Plaintiff filed a claim for compensation for business losses at the warden, and filed an application for modification of the claim and cause of the claim as of October 13, 2015, the Plaintiff extended the purport of the claim to seek compensation for business losses 9,508,360 won (in calculation, 9,48,360 won) obtained by deducting the difference between the amount appraised by the court of appraisal of obstacles and the amount of compensation for the adjudication on expropriation, from among the amount appraised by the court of appraisal of the business losses as of October 13, 2015. However, the purport of the claim and the modification of cause of the claim as of November 17, 2015.

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