beta
(영문) 서울행정법원 2019.07.04 2017구합52733

손실보상금

Text

1. The defendant shall pay 12,686,750 won to Plaintiff B, 289,150 won to Plaintiff C, and 17,462,650 won to Plaintiff D, respectively.

Reasons

1. Details of ruling;

(a) Approval and Public Notice of Project - Road Project (E Corporation, Yangyang-gun 4) - Public Notice: F-Public Notice of the Ministry of Land, Infrastructure and Transport on August 22, 2014 - Project Operators: Defendant

B. The Central Land Tribunal’s ruling of expropriation on June 23, 2016 (hereinafter “instant ruling of expropriation”): Land indicated in the column for “land” in the annexed list of compensation money owned by the Plaintiffs (hereinafter “each of the instant lands”): The starting date of expropriation: - An appraisal corporation on August 16, 2016 - G and H (hereinafter “appraisal of expropriation”)

C. The Central Land Tribunal’s ruling on objection (hereinafter “the instant ruling”) dated December 22, 2016 - Details of the ruling: Partial increase of compensation for the expropriation (specific details are the same as indicated in the attached sheet on compensation details - An appraisal corporation: I and J (hereinafter “appraisal”)

D. The court's entrustment of appraisal to K for the appraiser of this case (hereinafter the above appraiser is referred to as "court appraiser", and the result of appraisal is referred to as "court appraisal"): The appraisal of compensation for each of the lands of this case as stated in the "court appraisal" column of the annexed compensation list [the basis for recognition] is not in dispute, there is no dispute, each entry of Gap's 1 through 3, Eul's 1 through 4 (including the number of branch numbers; hereinafter the same shall apply), the result of the court's appraisal, the whole purport of the arguments.

2. The assertion and judgment

A. The plaintiffs' assertion that compensation for each of the lands of this case is unfair because the price of compensation for losses is considerably less than the market price, and the court's appraisal also shows that the compensation amount is too low. Thus, the defendant is obligated to pay the plaintiffs the reasonable compensation amount of each of the lands of this case, the difference between the compensation amount of this case and the compensation amount of this ruling, and damages for delay.

(b) serve as the basis for the ruling in litigation concerning an increase or decrease of compensation.