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(영문) 서울고등법원 2017.10.13 2016누82234

손실보상금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1): E Housing redevelopment project (hereinafter “instant project”);

2) Public notice of authorization for project implementation: A project implementer of Eunpyeong-gu Seoul Metropolitan Government public notice of project implementation on September 26, 2013: Defendant

B. Land subject to expropriation by the Seoul Regional Land Tribunal on October 30, 2015: The location of the table No. 1 and each land indicated in the lot number column (hereinafter referred to as “instant land”) shall be classified as “instant land.”

(2) The starting date of expropriation: Compensation for losses on December 18, 2015: Attached Table 1: An appraisal corporation (hereinafter “the result of the appraisal of expropriation”) as indicated in the “the result of the appraisal of expropriation”: An appraisal corporation (hereinafter “the appraisal corporation”) and a dialogue appraisal corporation (hereinafter “the dialogue appraisal corporation”).

C. The Central Land Expropriation Committee’s objection No. 1 on May 26, 2016: Attached Table 1, “The result of the appraisal by the appraisal by the Corporation” as stated in the separate sheet No. 2: The appraisal corporation and the Korea Land Expropriation Corporation’s Albiban appraisal corporation (hereinafter “Objection”) as stated in the separate sheet No. 1: The fact that there is no dispute as to the result of the appraisal by the said objection appraiser / [based on the recognition], Gap’s evidence No. 1, 2, Eul’s evidence No. 1 and No. 2 (including a serial number; hereinafter the same shall apply), and the purport of the entire pleadings.

2. The plaintiffs' assertion and judgment

A. The plaintiffs' alleged housing reconstruction project and housing redevelopment project do not vary in the project implementation method, and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act") does not expressly stipulate that the principle of expropriation under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter "Land Compensation Act") shall apply to housing redevelopment project in cash liquidation for housing redevelopment project, and the housing redevelopment project shall enjoy development gains from the members of the private sector sector with private sector figure development project, the development gains from the project should be included in the cash settlement amount against the plaintiffs.

Land category at the time of ruling of expropriation of the instant land.