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(영문) 서울고등법원 2019.07.09 2019누34014
수용재결취소등
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. As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is as stated in the reasoning of the judgment of the court of first instance, except for partial dismissal or addition as follows. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

Each "Appraiser" in Part 18, 5, and 13 of the judgment of the first instance court shall be dismissed as "Appraiser of the first instance court".

In the fourth part of the decision of the first instance court, the "expert of the court" in the second part shall be dismissed as "expert of the first instance court".

Part No. 4 of the judgment of the court of first instance is as follows. 3) The land before the division of this case is based on the cadastral map, but G land adjoining to the north side before being transferred to the project site of this case (land category and status are referred to as “former,” and a vinyl house was also installed.

(4) Through the foregoing, it was easy to pass the instant land to H, a public road located far away from 10 meters. However, as the instant land was incorporated into the said G land along with the said G land, as seen in the attached drawing, it is anticipated that the said land was established at least 32 meters wide on the ground and as a result, a high level of legal surface is to be installed on the boundary between the said land and the remaining land. As such, it became practically impossible to pass the instant land to the public road on the remaining land of this case. However, the instant land is in contact with I Highway, while the instant land is located on the boundary, it is impossible to immediately pass the said road on the remaining land of this case.

5) Although there is J on the east side of the remaining land of this case, the remaining land of this case is located far away from 160 meters in a straight line, and land owned by others (land category and status are both forests and forests) located between them.

6) The land before subdivision and the remaining land in this case are both irregular forests, or the land to be expropriated in this case, since it must pass through the above J.

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