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(영문) 서울고등법원 2016.11.15 2016누53953
손실보상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "the land of this case" in the third 3rd 3rd of the judgment of the first instance is as "the land of this case"; "this court" in the third 18, 5, 2, 8th 11, and 9th 24 each shall be as "the first instance court"; "the unit department" in the 8th 15th 15th , "value" in the 14th 10th , "value" in the 15th 9th , "no," "no," "no," "no," and "no," and "no," in the 16th 6th 6th th th eth eth son of the judgment of the first instance shall be as "the judgment of the first instance court".

1) Paragraphs 2-D. 1, 2-4(d), 2(2)(6)(11)(2)(11) are as stated in the reasoning of the judgment of the first instance except for dismissal as follows. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. 2-A. 1) of the judgment of the first instance as stated below.

1) Article 67(2) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) provides that the price fluctuation of land, etc. arising from the pertinent public project shall not be considered only in the context of the development project performed in the vicinity of the instant project district. As such, the price fluctuation in the instant land arising from the development project implemented in the vicinity of the instant project district shall

Article 67(2) of the Land Compensation Act provides that “When calculating the amount of compensation, if the price of the land, etc. has changed due to the relevant public works, it shall not be considered when calculating the amount of compensation.” In calculating the amount of compensation for the land subject to expropriation, the price fluctuation due to the approval of a plan directly aiming at the implementation of the relevant public works and the announcement thereof shall be decided without consideration.

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