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(영문) 서울고등법원 2016.01.08 2015누57057
손실보상금 증액
Text

The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

Expenses for appeal and incidental appeal shall be borne respectively by each party.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to a case where the Central Land Tribunal seeks an increase in the amount of compensation for losses based on Article 85 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) on the ground that the compensation for losses for expropriation by A and the Plaintiff were unfairly low with respect to the expropriation ruling on land A owned by the Plaintiff and trees owned by the Plaintiff on the ground of the expropriation ruling on December 18, 2014.

The judgment of the court of first instance accepted the entire claim of A and part of the plaintiff's claim, dismissed the remainder of the claim, and the plaintiff appealed against the losing part, and the defendant filed an incidental appeal against the losing part.

(A) The part of the first instance judgment against A was separated and finalized as it is).

B. The premise factual basis 【Evidence” 1, A2, A2-1, A5, A6-1, 2, 3, 4, B-1, 2, and 3 of A-6-1, 2, 3, 4, B-1, 2, and 3 of A-6, and the purport of the entire pleadings is as follows: (i) the Plaintiff is a person operating a landscape business and owns an obstacle, such as Attached Table 1, 112 square meters (hereinafter “E land”) included in the C-road construction section 1 project implemented by the head of the Seoul Regional Construction and Management Administration (hereinafter “instant road construction project”); and (ii) the Defendant is the subject of the rights and obligations arising from the implementation of the project by the head of the Seoul Regional Construction and Management Administration, a project implementer performing

⑵ E 토지의 수용과정 ㈎ 서울지방국토관리청장은 2013. 7. 26. C 도로건설 사업을 위하여 구 도로법(2014. 1. 14. 법률 제12248호로 전부개정되기 전의 것, 이하 ‘도로법’이라 한다) 24조, 49조에 따라 도로의 구역 및 접도구역을 결정(변경ㆍ지정)하여 고시하였고(서울지방국토관리청 고시 D), 그로써 이 사건 도로건설사업은...

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