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(영문) 서울행정법원 2017.06.23 2016구합85460

보상금증액

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business approval and public notice - The first public housing project in the F public housing zone (hereinafter “instant project”): The defendant - the project operator: The public housing project approval published by the Ministry of Land, Transport and Maritime Affairs on December 8, 201 (hereinafter “instant project approval”); G

B. The Central Land Expropriation Committee’s ruling on expropriation on November 10, 2016 - The date of commencement of expropriation: January 3, 2017 - Land listed in attached Table 1 (hereinafter “each land of this case”) owned by the Plaintiffs - Compensation: The term “the result of appraisal” listed in attached Table 1 is as follows.

- An appraisal corporation: An appraisal corporation and a large appraisal corporation and a dialogue appraisal corporation (hereinafter referred to as “adjudication appraiser”) and the results of the appraisal are referred to as “the results of the appraisal of the ruling”).

C. Compensation for each of the lands of this case calculated by the court appraiser H as a result of the court appraiser H’s appraisal is as stated in the “court appraisal result” column in attached Table 1.

(hereinafter the above appraiser shall be referred to as "court appraiser", and the result of the appraisal shall be referred to as "court appraisal result" / [based on the court appraisal] The facts of no dispute, Gap evidence 1 through 5, Eul evidence 1 through 3 (which include a serial number; hereinafter the same shall apply), the result of the court appraiser's appraisal, the whole purport of the pleading,

2. The parties' assertion

A. The plaintiffs' alleged appraiser assessed the excessive amount of compensation by evaluating the value of each land of this case too low.

Therefore, the defendant should additionally pay the difference between the reasonable compensation according to the result of the court appraisal and the compensation according to the result of the appraisal.

B. The amount of compensation for the land to be expropriated by the Defendant should be calculated under the condition that the development gains from the relevant public works are excluded. As such, the development gains should be excluded even in considering the compensation example of neighboring similar land as the price calculation factor.

Nevertheless, the court appraiser is after the public announcement of the project of this case.