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(영문) 서울행정법원 2016.07.07 2015구합79833

손실보상금

Text

1. The Defendant: (a) KRW 948,300 for each of the Plaintiffs, as well as 5% per annum from November 7, 2015 to July 7, 2016; and (b).

Reasons

1. Results of adjudication on expropriation and evaluation of compensation;

A. On September 18, 2015, the Seoul Special Metropolitan City Regional Land Tribunal, upon the Defendant’s application for a ruling of expropriation, determined the commencement date of expropriation as of November 6, 2015, with respect to the land-based urban planning facilities project (road) project implemented by the Defendant pursuant to the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) for the implementation of the project of the zone C urban planning facilities (public announcement of project approval: August 21, 2014), which are owned by the Plaintiffs in shares of 1/2 of each of the respective 1/2 shares of Gangdong-gu Seoul Special Metropolitan City D-2 (hereinafter “instant land”), and the air conditioners, parking lot tent, light lighting, NAD lighting, CCTV, fire extinguishing, water meter, LED signboard, fish-mixed sign, wall, packing (hereinafter collectively “in the case”), which are its obstacles.

(hereinafter “instant acceptance ruling”). B.

As a result of the appraisal of compensation, the Seoul Special Metropolitan City Land Expropriation Corporation and the State Appraisal Corporation (hereinafter referred to as the “Adjudication Appraiser”) at the time of the adjudication of expropriation of this case.

In accordance with the arithmetic mean of the appraisal results, the market price at the time of the adjudication on expropriation of the instant land (hereinafter “market price of the instant land”).

73,906,800 Won 733,90,000 for the removal of the obstacles of this case (hereinafter referred to as “the removal of the obstacles”).

370,234,400 won (73,906,800 Won 6,562,000) x 1/2, and compensation for the plaintiffs (hereinafter referred to as "compensation for adjudication") respectively.

[2] An appraiser E designated by this Court (hereinafter “court appraiser”) deemed the market price of the instant land as KRW 735,629,400, and the transfer cost of obstacles as KRW 6,736,00, and assessed the Plaintiffs’ compensation as KRW 371,182,70 ( KRW 735,629,400 ( KRW 6,736,00) x 1/2) respectively.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 and 2; Eul evidence Nos. 1, 2 and 3 (including branch numbers; hereinafter the same shall apply); the result of the appraisal by the court appraiser; the purport of the whole pleadings

2. The plaintiffs.