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(영문) 서울고등법원 2020.02.04 2019누54049

토지수용보상금 감액청구

Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

In this case.

Reasons

1. Basic facts

A. On April 7, 2010, the Plaintiff is a housing redevelopment and rearrangement project partnership that obtained authorization from the head of Seodaemun-gu Seoul Metropolitan Government to implement a housing redevelopment project with a size of 58,385 square meters in Seodaemun-gu Seoul Metropolitan Government. The Defendants are owners of each land and obstacles indicated in attached Table 1, located in the above rearrangement zone.

B. During the period until 2012, the head of Seodaemun-gu Seoul Metropolitan Government publicly announced the authorization to implement the “A Housing Redevelopment Improvement Project” implemented by the Plaintiff on June 15, 2011.

(2) The Defendants filed an application for adjudication pursuant to Article 30 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) with the Plaintiff on February 21, 2012, when they did not reach an agreement on cash settlement within 150 days from the date of cash settlement, as they did not apply for the application for sale to the Plaintiff from July 7, 201 to September 9, 201, which is the period for application for sale determined by the Plaintiff.

③ On May 22, 2012, the Plaintiff notified the subjects of cash clearing of a compensation plan under Article 15(1) of the Land Compensation Act, and publicly announced the compensation plan on May 23, 2012.

④ On September 16, 2012, the Plaintiff notified the subject of cash settlement that “the Plaintiff will conduct an appraisal through four appraisal firms.” However, the Plaintiff suspended the appraisal work in order to have it difficult to procure service costs due to the lack of opinion with the contractor.

C. ① After the lapse of July 8, 2015, the Plaintiff, from the head of Seodaemun-gu Seoul Metropolitan Government on July 8, 2015, changed the number of households to 930 households to 1,085 households, obtained authorization for the implementation of a project that adjusts land and infrastructure, and the head of Seodaemun-gu Seoul Metropolitan Government announced the change on July 15, 2015.

(Seomun-gu G). (2) The Plaintiff existing.