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(영문) 서울고등법원 2018.11.22 2018누37962
보상금의 증액에 관한 청구의 소
Text

1.The judgment of the first instance court, including a claim extended in the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: H district housing site development project (hereinafter referred to as “instant project”): A public notice given by the Ministry of Land, Transport and Maritime Affairs on February 6, 2009: The Defendants, the Korea Land and Housing Corporation (in case of the land located in Incheon Seo-gu (hereinafter referred to as “Seocheon-gu”), J, and K, the Defendant F Corporation, L, and the Korea Land and Housing Corporation, respectively);

B. The acquisition by consultation and expropriation (see Attached 1 drawings; hereinafter “AF 1”) with respect to the shared land owned by the Plaintiffs - N,O (registration conversion with Pland 3,653 square meters on March 16, 2007), Q Q (R) , T, U,V, W, X, and Y land with consultation on December 23, 2010 - Zland 9,541 square meters on March 8, 2007 - Shares of AA forest 9,541 square meters (hereinafter “AA land before division”) were 30 square meters, and shares of AE 3,248 square meters (hereinafter “AE 1”) were excluding shares of AE 20,000 square meters, but the remaining AE 10,000 square meters were 70,000 square meters and 30,000 square meters of forest and forest land and 16,000 square meters of forest and forest land.

C. The Central Land Tribunal’s ruling of expropriation on January 21, 2016 (hereinafter “instant ruling”) - The Plaintiffs’ rejection of the Plaintiffs’ claim for compensation for losses arising from the expropriation of the remaining land or the depreciation of value [based] due to no dispute, entry in the evidence A1 through 23 (including serial numbers; hereinafter the same shall apply) and the purport of the entire pleadings.

2. Summary of the plaintiffs' assertion

A. The primary claim: The remaining land of the Jdong in this case is one of the lands owned by the plaintiffs.

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