beta
(영문) 서울행정법원 2019.11.28 2019구단63563

손실보상금

Text

1. The Defendant’s KRW 29,295,00 for the Plaintiff and KRW 5% per annum from August 11, 2018 to October 22, 2019.

Reasons

1. Details of ruling;

(a) Business approval and public announcement - Business name: Housing redevelopment and rearrangement project in Zone C - Project implementer: Defendant - A public announcement of business approval: Seongbuk-gu Seoul Metropolitan Government on June 20, 2013;

B. The adjudication of expropriation made on June 22, 2018 by the local Land Tribunal of Seongbuk-gu Seoul Metropolitan City: The Plaintiff’s expropriation of all obstacles, such as the land and buildings on the surface of the land owned by the Plaintiff (i.e., the Plaintiff’s share was 1/2) among the 1/2 square meters of the land owned by the Plaintiff (hereinafter “instant land”). However, in this case, the Plaintiff sought an increase in compensation for the land, and accordingly, the court conducted an appraisal only on the land, and thus, the compensation for the obstacles should not be further examined.

- Compensation for losses: 889,700,000 won (unit price: 4,100,000,000 square meters) - The date of expropriation: A certified public appraisal corporation on August 10, 2018 - A public appraisal corporation on August 10, 2018: A private partnership fund, a LAB fund and a comparison standard place: The two appraisal corporations shall select the Seongbuk-gu Seoul Metropolitan Government H-212 square meters (use: a common use area: a common use area: a Class-II general use area; a road traffic angle, a road traffic figure/land size) as a comparative standard place for the land in

C. The Central Land Tribunal’s ruling on May 23, 2019 - Compensation for losses: 912,485,000 won (unit price: 4,205,000 won or more) - The appraisal corporation: Not clear in the case of I and the KCAJ - The KCAB - It appears that the KI would have selected a comparative standard with each appraisal corporation that has conducted an appraisal and assessment by acceptance. In this case, it does not clearly indicate how the two appraisal corporations have selected any comparative standard by only a written appraisal and assessment by each appraisal and assessment by the KI and the KCAB.

However, the appraisal report (No. 2-1) on the objection by the LAD to the appraisal report (No. 2-1) is written with the land price calculation basis as "3,410,000,000 square meters" or "land price calculation basis," which has been written with the appraisal ruling.