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(영문) 부산고등법원 2018.10.19 2018누22340
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

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

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

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as follows, with the exception of the determination of the plaintiffs' assertion that the plaintiffs have repeatedly emphasized in the trial of the court of first instance, the reasoning of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The plaintiffs asserts that since the specific use area of each of the lands of this case was changed from the natural green area to the green green area, the specific use area of each of the lands of this case is for the implementation of the project of this case, the designation of the specific use area as modified by the above green area and its designation as a general industrial area should be evaluated without considering the aforementioned designation.

B. Article 23(1) of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor provides that “The land subject to restrictions in public law shall be assessed according to the restricted condition, except where the restrictions in public law directly aim at the implementation of the relevant public project, the land shall be assessed by considering the condition in which there is no restriction.”

In calculating the amount of compensation for land subject to restrictions in public law, if the restriction in public law is a general planning restriction to achieve the purpose of restriction, such as designation or alteration of a specific use area, district, or zone under the former Urban Planning Act, and is not directly related to a specific urban planning project, such restriction shall be evaluated as it is. However, even if the restriction is imposed on the designation or alteration of a specific use area, district, or zone, which is subject to restrictions in public law, such as the determination of a plan to install specific urban planning facilities, such as roads and parks, and is subject to restrictions on the

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