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(영문) 서울행정법원 2015.05.01 2014구합18527

토지수용재결취소

Text

1. The Defendant: (a) from July 12, 2014, with respect to the Plaintiff A, KRW 4,933,940, KRW 2,862,280, and each of the above amounts.

Reasons

1. Details of ruling;

(a) Project approval and announcement name: The C Housing Redevelopment and rearrangement project (hereinafter referred to as the “instant project”): The defendant on November 1, 2007;

B. Subject to the expropriation ruling on May 23, 2014 by the local Land Expropriation Committee of the Seoul Metropolitan City on the expropriation ruling of this case: 76/300 shares owned by Plaintiff A and 44/300 shares owned by Plaintiff B among the Dongdaemun-gu Seoul Metropolitan Government E (hereinafter “E”) and the starting date of expropriation: The Korea Appraisal Board and the Korea Appraisal Board on July 11, 2014: 25,521,100 won for Plaintiff A, and 147,93,270 won for Plaintiff B on the basis of an arithmetic average of the results of each of the appraisal: The amount of compensation for the Plaintiffs on July 11, 2014: The Korea Appraisal Board and the Korea Appraisal Board and the Korea Appraisal Board shall calculate the amount of compensation for the Plaintiffs as each compensation.

C. On September 25, 2014, the Central Land Expropriation Committee partially accepted the Plaintiffs’ claim for increase in compensation by the Plaintiffs: The Central Land Expropriation Committee, such as Alban appraisal corporations, requested multiple appraisal corporations to appraise. However, the argument in the instant case was submitted only to Alban appraisal corporations.

Compensation for losses: Calculation of each of the above compensation amounts (each of the compensation amounts is 254,526,000 won in the case of the plaintiff A and 147,357,150 won in the case of the plaintiff B) as stated in the notice of adjudication compensation column in [Attachment 1] against the plaintiffs.

The result of the request for the appraisal of the market price with respect to the share owned by the plaintiffs G by the appraiser G (hereinafter referred to as "court appraisal," and the above appraiser's compensation is referred to as "court appraiser"): The court's compensation column in attached Table 1 is as follows.

[Attachment 1] The fact that Plaintiff’s objection to the adjudication (i) balance (ii) court compensation (ii) A 257,742,450 won (ii) 262,676,390 won 4,93,940 won B 149,213,520 won 152,075,862,280 won / [based on recognition] 1,200 won, A’s evidence 1, 2, and