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(영문) 서울고등법원 2016.06.17 2015누46484
손실보상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The defendant asserts, as the grounds for appeal, that "(1) land D is divided into E for the purpose of having access to the land A, and the defendant is a road falling under Category E as provided in the Building Act or as provided in the National Land Utilization and Planning Act, and even if it is not a road established under the above Act, it constitutes a private road. Since it is difficult to view that the land is indivisible for the purpose of use in light of the current status and purpose of use. Even if it is indivisible, it is difficult to view that the land is indivisible for the purpose of use, and even if it is indivisible, it should be evaluated differently from the land C in consideration of the characteristics of the D land being used as a parking lot or a road. It is unlawful for the first instance court to assess these land as a complex and apply a single price to the whole land, and ② the amount of loss compensation is linked to the amount of loss compensation which impedes the relocation of business facilities and the amount of loss compensation without considering the amount of loss compensation."

However, the above argument by the defendant in this court is not different from that of the defendant in the first instance court. However, even if the evidence submitted in the first instance court is added to the evidence submitted in this court (A 24-1-3) and the fact-finding results in the market for the strike of this court, the judgment of the first instance court, which cited above, is just, and in particular, D land is registered as the site of a building constructed on C, and its current status is also a parking lot, not a road.

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