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(영문) 서울행정법원 2020.11.11 2020구단58741

손실보상금증액청구

Text

1. The Defendant’s KRW 248,787,660 for the Plaintiff and KRW 5% per annum from May 11, 2019 to November 11, 2020 for the Plaintiff.

Reasons

1. Details of ruling;

A. On February 4, 2016, the head of Dongdaemun-gu Seoul Metropolitan Government publicly announced the project implementation authorization for the “B Housing Redevelopment Improvement Project” pursuant to Article 28(4) 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).

(Notice of Dongdaemun-gu C). (b)

The Defendant, a project implementer of the Seoul Special Metropolitan City local Land Tribunal, filed an application for adjudication in order to acquire each land and obstacles (hereinafter referred to as “each of the above land and obstacles to each of the instant land subject to expropriation”) indicated in the separate sheet owned by the Plaintiff located in the rearrangement zone. Accordingly, on March 22, 2019, the Seoul Special Metropolitan City Land Tribunal made an application for adjudication to compensate for losses for each of the land and obstacles to each of the instant land subject to expropriation in the separate sheet (hereinafter referred to as “written adjudication on expropriation”) as indicated in the “written adjudication on expropriation” in the separate sheet (hereinafter referred to as the “written adjudication on expropriation”), which is the sum of KRW 4,68,284,80, and the starting date of expropriation shall be determined as May 10, 2019; however, pursuant to Article 30(3) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter referred to as the “Land Compensation Act”) x the total amount of compensation to be paid from February 8 to October 29, 18, 2085888, x688.

C. On May 21, 2020, the Central Land Expropriation Committee filed an objection against the instant adjudication of expropriation. The Central Land Expropriation Committee changed the amount of compensation for each of the land to be expropriated and the obstacles to KRW 4,889,163,710 in total as stated in the “amount of compensation” column of the “amount of compensation” column in the annexed sheet. The additional charges for delay under Article 30(3) of the Land Compensation Act = KRW 1,263,815,30 in the amount of compensation for each of the land to be expropriated and obstacles.