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(영문) 서울고등법원 2015.12.01 2015누56214
손실보상금 증액 청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 16,820.

Reasons

1. The court's explanation on this part of the reasons for the decision is the same as the pertinent column among the reasons for the decision of the court of first instance, and thus, it shall accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) Of the appraisal appraisers, the Plaintiff had participated as an appraiser in the process of consultation on compensation prior to the adjudication on expropriation. The appraisal of compensation for losses based on the appraisal result of the appraiser on grounds of exclusion is unlawful. 2) The appraisal appraiser on the adjudication calculated compensation for losses by deeming the current status of use of the instant land as “forest” but in fact, 921 square meters out of the instant land as a road and the remaining 94 square meters are used as a site. As such, the compensation for losses should be increased according to the result of the appraisal by the court of first instance that reflected

B. The instant land was originally owned by G, H, and I with 1/3 shares of each of them, and was subject to registration conversion with K forest land of 5,950 square meters (JJ large 3,825 square meters on October 22, 2004), and the land category on April 4, 2005 was changed to “site”.

J land: hereinafter referred to as “J land”).

) Some of them were the “F Road Expansion and Packing Works” projects implemented at Yangju-si (hereinafter “previous Public Works”).

(2) On June 19, 2001, both cities were incorporated into a district and completed the registration of ownership transfer for the instant land based on consultation on public land on the same day. (2) Both cities calculated the value of the instant land at the time of the said consultation to be KRW 90,970,00, and paid KRW 30,323,330 ( KRW 90,970,000 x 1/3) to G, H and I, each of co-owners.

3) From August 2001, the two Jeju-si started road construction works for the instant land, etc. and completed construction works around September 2002. Of the instant land, the roadway and the sidewalk were installed in a part of the instant land, and the rest of the land was installed with drainage facilities, etc. to prevent soil and sand outflow. 4) Meanwhile, G, etc.

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