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(영문) 서울행정법원 2020.05.20 2018구단75965

손실보상금감액

Text

1. The plaintiff succeeding intervenor's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Details of ruling;

A. Under Article 28 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), the head of the Jung-gu Seoul Special Metropolitan City publicly announced the authorization to implement the project of “E urban environment rearrangement project” on December 28, 2015.

(F) of Jung-gu Notice F);

G Co., Ltd., a project implementer of the Seoul Special Metropolitan City local Land Tribunal, jointly with the Defendants located in the above improvement zone, filed an application for adjudication in order to acquire H large 585 square meters and above-ground buildings (hereinafter referred to as “land to be expropriated in this case,” and collectively referred to as “land to be expropriated in this case, etc.”). On January 26, 2018, the Seoul Special Metropolitan City Land Tribunal: (a) on January 26, 2018, among the land to be expropriated in this case, filed an application for adjudication in order to compensate the Defendants for each of the 1/2 shares of the Defendants in the attached Table “S”; (b) on March 16, 2018, the starting date of expropriation was determined as the amount indicated “amount of compensation” in the attached Table “SU”; and (c) made

C. On October 25, 2018, the Central Land Tribunal made an objection against the instant expropriation ruling by the Defendants. On October 25, 2018, the Central Land Tribunal rendered a ruling that the Defendants’ compensation for each of the said shares of 1/2 was changed to the amount indicated in the “compensation” column (hereinafter “instant ruling”).

The Plaintiff’s succession to the above rearrangement project from the G Co., Ltd. filing the instant lawsuit, respectively, deposited KRW 539,86,310 ( KRW 6,822,054,560 - KRW 6,282,182,288,250,250), respectively, pursuant to Article 85(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (Amended by Act No. 16138, Dec. 31, 2018; hereinafter “Land Compensation Act”) on November 27, 2018.