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(영문) 서울고등법원 2019.08.22 2019누34830
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The grounds alleged in the trial of the court of first instance are not different from the contents alleged by the plaintiffs in the first instance, and even if the evidence submitted in the first instance and the court of first instance are reviewed together with the allegations by the plaintiffs, the judgment of the court of first instance that partially accepted the plaintiffs' claims is justified.

Therefore, the reasoning for this Court regarding this case is the same as that for the judgment of the court of first instance, except for the dismissal as follows. Thus, this Court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In the 3th sentence of the first instance court, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) shall read “Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).”

Article 47(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Article 47(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Article 47(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Article 47(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents), provides that Article 47(1) of the former Act shall apply to this case for which the Defendant has obtained an authorization to establish the association on July 29, 2009. The project implementer shall settle the land, buildings or other rights in cash within 150 days from the date following the expiration of the period for application for parcelling-out or the date of withdrawal of the application for parcelling-out before the expiration of the period for parcelling-out, and Article 38 of the same Act shall provide that “Any project implementer may expropriate or use land, buildings or other rights under Article 3 of the Land Compensation Act where necessary to implement a rearrangement project within an improvement zone.”

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