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(영문) 서울행정법원 2016.12.08 2016구합61549

손실보상금

Text

1. The Defendant’s KRW 49,493,50 for the Plaintiff and KRW 5% per annum from October 14, 2015 to October 27, 2016.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Private Investment Project approval and public notice - Private Investment Project approval (B Expressway 4 Section 6) - A public announcement of project approval: The Seoul Regional Construction and Management Administration (Seoul Regional Construction and Management Administration) announced by the Ministry of Land, Transport and Maritime Affairs on March 19, 2010 C, and D announced by the Ministry of Land,

(b) The adjudication of expropriation made by the Central Land Tribunal on August 20, 2015 - The land subject to expropriation: Sinnam-si E-dong (hereinafter referred to as “E-dong”) in Sungnam-si (hereinafter referred to as “E-dong”) owned by the Plaintiff - Compensation for expropriation: KRW 471,321,90: The date of commencement of expropriation: 471,321,900 - An appraisal: A certified public appraisal corporation, a vice governor, and an appraisal corporation in charge of the project.

C. The Central Land Tribunal’s ruling on March 24, 2016 – Dismissal of the Plaintiff’s objection to the increase in compensation for losses relating to the instant land - An appraisal: The State’s appraisal corporation and the same appraisal appraisal corporation’s appraisal corporation’s appraisal corporation (hereinafter referred to as “adjudication appraiser”) [based on recognition] / The fact that there is no dispute, Gap evidence 1-1, 2-1, 2-2, 4-1, 4-2, Eul evidence 1, 2-1, 2-1, 3-1, and 3-1, respectively, and the purport of the entire pleadings.

2. The assertion and judgment

A. In comparing individual factors in the course of calculating compensation for losses with respect to the instant land claimed by the Plaintiff, the transaction cases of neighboring similar land, compensation preference, etc. were not adequately reflected.

As a result, the land of this case was remarkably low.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the limitation on the compensation for expropriation in the reasonable compensation for losses for the instant land.

B. According to the reasoning of the evidence Nos. 2-1 and 3-1 of the evidence Nos. 2-1 and 3-1, the market price appraisal result by the appraiser G (hereinafter “court appraiser”) and the overall purport of the pleadings, the adjudication appraiser and the court appraiser shall evaluate the land of this case on the basis of the officially announced land price under the Act on the Public Notice of Values and Appraisal of Real Estate.