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(영문) 서울행정법원 2020.04.22 2019구단55791

토지수용에 대한 보상금 증액 청구의 소

Text

1. The Defendant’s KRW 108,732,100 as well as 5% per annum from March 16, 2019 to April 22, 2020 to the Plaintiff.

Reasons

1. Details of ruling;

A. On March 15, 2018, the head of Nowon-gu in Seoul Special Metropolitan City announced the implementation plan for the “B Park Creation Project,” which is the urban planning facility project (park) project pursuant to Article 91 of the former National Land Planning and Utilization Act (amended by Act No. 16492, Aug. 20, 2019).

(No-gu Public Notice C). (b)

The head of Nowon-gu in Seoul Special Metropolitan City, a project implementer who is a project implementer for expropriation of a local land expropriation committee, filed an application for adjudication in order to acquire 2,179m2 (hereinafter referred to as “land to be expropriated in this case”) located in Seoul Special Metropolitan City, Nowon-gu, which is necessary for the above urban planning facility project. On January 25, 2019, the local land expropriation committee of Seoul Special Metropolitan City (hereinafter referred to as “local land expropriation committee of Seoul Special Metropolitan City”) determined compensation for losses for the land to be expropriated in this case as of January 25, 2019 (=40,100, 2,179m2), and the commencement date of expropriation as of March 15, 2019,

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Each appraisal that forms the basis for the adjudication on expropriation of the instant case and the appraisal by the court appraiser E in the instant lawsuit;

A. The F Co., Ltd. and G Co., Ltd., which were entrusted with the appraisal of the instant land subject to expropriation by each local Land Tribunal of Seoul Special Metropolitan City, which were the basis for the instant expropriation adjudication, selected each as a comparative standard land for 3,570 square meters of H forest land in Seoul Special Metropolitan City, Nowon-gu, and assessed the price of the instant land subject to expropriation as KRW 876,175,90 ($402,100 x 2,179 square meters) and G as KRW 867,459,90 (=398,100 x 2,179 m2,179 m2).

F. The FG-based natural conditions such as slope 1.10 slope 1.10 of the FG-based natural conditions, such as the accessibility to forest roads and adjacent fishing roads 1.20 of the access terms, such as the comparison rate of the content gap, are all kinds of natural conditions such as slope 1.10 of the FG-based natural conditions, such as slope 1.20 of the access terms.