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(영문) 서울행정법원 2015.08.19 2014구합61170 (1)

손실보상금

Text

1. The Defendant’s KRW 73,854,770 for the Plaintiff and KRW 5% per annum from October 12, 2013 to August 19, 2015.

Reasons

1. Details of ruling;

(a) Business authorization and public announcement - Urban environment rearrangement project name (hereinafter referred to as the "project in this case"): Public announcement: Jongno-gu Seoul Metropolitan Government public announcement C on July 24, 2009, and Jongno-gu Seoul Metropolitan Government public announcement D on September 24, 2010 - Jongno-gu Seoul Jongno-gu E-mail, Jongno-gu, Seoul E-58,564.9§³

B. The instant expropriation adjudication - the expropriation adjudication made on August 23, 2013 by the Seoul Metropolitan City Regional Land Tribunal - The expropriation adjudication made on the instant land owned by the Plaintiff was also included in the transfer of obstacles owned by the Plaintiff in Jongno-gu Seoul Metropolitan Government Fro 147.4 square meters. However, where a victim is dissatisfied with only a part of the goods subject to expropriation, he/she may file an administrative litigation by asserting the grounds for objection (see, e.g., Supreme Court Decision 2014Du1451, Nov. 13, 2014). In this case, the Plaintiff only sought an increase in compensation for the instant land, and thus, he/she shall examine only the instant land

- The date of commencement of expropriation: on October 11, 2013, 2013 - Based on the arithmetic mean of the respective appraisal results of appraisal by an appraisal corporation (hereinafter “appraisals on expropriation”) (hereinafter “appraisals on expropriation”) the amount of compensation for the instant land shall be calculated as KRW 1,913,134,080.

The instant judgment on objection - The Central Land Tribunal made an objection on May 22, 2014 - Based on the arithmetic mean of each appraisal result of the appraisal corporation (the date and date; hereinafter referred to as the “appraisals of the instant land”) increase the compensation amount to KRW 1,915,45,630, based on the arithmetic mean of the appraisal results.

According to the result of the court appraisal on the instant land to appraiser G of the instant court, the market price at the time of the instant land expropriation ruling is KRW 2,072,44,00 at the time of the instant land expropriation ruling.

(The above expert witness shall be referred to as "court appraiser" and the above expert witness shall be referred to as "court appraisal"). / [Grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. The plaintiff's assertion (1) is asserted by the party.