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(영문) 서울고등법원 2019.08.22 2019누31572
손실보상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The Plaintiff was incorporated into the instant land (hereinafter referred to as “instant land”) and the instant land (hereinafter referred to as “the instant land before the instant partition”), among the land owned by the Defendant on June 26, 2006, the Ministry of Land, Transport and Maritime Affairs C, and the Ministry of Land, Transport and Maritime Affairs’ announcement on July 29, 2009, regarding the expropriation of 442 square meters, among the land of 785 square meters, which was publicly announced by the Ministry of Land, Transport and Maritime Affairs on June 26, 2006.

As to this, the Plaintiff filed a lawsuit claiming that the portion of the remaining 343 square meters (which was divided into G in Seongbuk-gu, Sungnam-gu, 2006; hereinafter “the remaining land of this case”) of the land incorporated into the instant case, excluding the increase of compensation for losses for the land incorporated into the instant case and the land incorporated into the instant land before the instant partition, had a significant difficulty in using it for its original purpose due to the expropriation of the incorporated land. However, the Plaintiff’s claim was dismissed (Seoul District Court Decision 2008Guhap4764, Jan. 11, 2009). The Plaintiff’s appeal and appeal were all dismissed (Seoul High Court Decision 2009Nu40133, Jan. 7, 2011; Supreme Court Decision 2011Du4381, May 26, 2011); and the Plaintiff’s judgment against the Plaintiff became final and conclusive.

On November 19, 2009, the Central Land Tribunal, among the instant buildings, shall order the relocation of part of the land incorporated into the instant building and other obstacles on the land incorporated into the instant building.

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