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(영문) 서울행정법원 2019.01.16 2018구단58670

손실보상금

Text

1. The Defendant’s KRW 6,894,600 as well as the Plaintiff’s annual rate of KRW 5% from October 21, 2017 to January 16, 2019.

Reasons

1. Details, etc. of ruling;

(a) Business name: A business name: B housing redevelopment and rearrangement project (project size of 36,427.6m2, hereinafter “instant project”): Defendant - A public notice of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “Gang-gu”) on April 4, 2013

B. The Seoul Special Metropolitan City Land Tribunal’s ruling of expropriation on May 26, 2017 - The subject matter of expropriation: Eunpyeong-gu D (hereinafter “Ddong”) owned by the Plaintiff, and multi-family houses on the same site (hereinafter “each subject matter of expropriation in this case”; and “the instant land” and “the instant multi-family house” are “land” and “the instant building”) - The adjudication of expropriation compensation for expropriation: ① KRW 383,31,220 of each subject matter of expropriation in this case (= KRW 71,941,950 of each subject matter of expropriation in this case) and ② Additional charges under Article 30(3) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”); ② The period of delay, additional charges,362,740 won (hereinafter “38,31,320,365, Feb. 36, 201); and the period of delay in expropriation x 365,2016.

- The date of commencement of expropriation: < Amended by Presidential Decree No. 2817, Jul. 14, 2017>

C. The Central Land Tribunal’s ruling on February 22, 2018 - The adjudication on compensation for losses on the objection: ① each of the instant objects of expropriation KRW 383,384,00 (= KRW 71,361,200 in each of the instant objects of expropriation (i.e., the instant building of KRW 312,02,80 in each of the instant objects of expropriation); ② Additional dues for delay: KRW 48,369,400 in each of the instant objects of expropriation (i.e., KRW 383, 331,20 in each of the instant objects of expropriation x 0.15 x 0.15 x 307/365

D. The result of the court appraiser J’s appraisal on the instant land (the plaintiff did not file an application for appraisal on the instant building; hereinafter the above appraiser’s appraisal is referred to as “court appraiser” and the above appraisal as “court appraisal”) - The court appraiser at the court appraiser at the Eunpyeong-gu 11 square meters [the status of use: detached house: a specific use area: a Class-I general use area; a Class-I general residential area; a traffic volume (a) and a shape slope: a small slope].