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(영문) 서울고등법원 2016.08.18 2015누72759
손실보상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The reasons for the judgment of this court for the acceptance of the judgment of the court of first instance are as follows: 4. the last 5th day of the judgment of the court of first instance is 'Plaintiff' in this paragraph.

The "determination on the claim for payment of resettlement allowances, etc." is the same as the statement on the grounds of the judgment of the first instance except for the following specifications. Therefore, it is accepted by Article 8 of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The Plaintiff’s assertion, as co-owner of the instant building, had moved out of the instant project zone during the implementation of the instant improvement project while residing in the said building.

Therefore, the Defendant should pay to the Plaintiff KRW 12,00,00,00 for resettlement funds, KRW 8,187,790 for relocation expenses, and KRW 1,177,850 for directors.

B. 1) The purport of Article 40(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) is that “The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Public Works Act”) shall apply mutatis mutandis to the expropriation or use of the ownership and other rights of the land or buildings for the implementation of a rearrangement project within a rearrangement zone, except as otherwise provided in this Act,” and Article 40(2) provides that “When there is a public announcement of the project implementation authorization (referring to the public announcement of the project implementation plan under Article 28(4) where the head of Si/Gun directly implements a rearrangement project; hereinafter in this Article the same shall apply) in applying the Public Works Act under paragraph (1), the project approval and the public announcement thereof under Articles 20(1) and 22(1) of the Act on the Public Works Projects

In addition, Article 40 (3) of the Enforcement Decree of the Public Works Act that provides for the establishment and implementation of relocation measures according to the delegation of Article 78 (1) of the Public Works Act shall be excluded from persons subject to relocation measures:

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