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(영문) 서울행정법원 2018.02.08 2016구합52675

보상금 감액 확인의 소

Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Public housing project (Seoul E zone): - Public notice: F published by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010 - Project operator: Plaintiff;

B. A ruling of expropriation by the Central Land Expropriation Committee on March 26, 2015 on the expropriation of Defendants A and B - Land to be expropriated: Attached Table 2 attached to the said Defendants’ ownership (hereinafter “Seoul Guro-dong”) shall be limited to “H” and each land shall be specified only by the parcel number.

- Compensation for losses - The amount corresponding to the "amount of compensation for expropriation" stated in the attached Table 2 - The date of commencement of expropriation: The appraisal corporation on May 19, 2015 - the country's appraisal corporation, the ordinary appraisal corporation and the ordinary appraisal corporation 2) the expropriation ruling on April 23, 2015 - The land subject to expropriation: Each land listed in the column for "object of expropriation" in the attached Table 2 attached to the above defendants' ownership (the sum of each land owned by the defendant A and B) - The compensation for losses - The amount corresponding to the "amount of compensation for expropriation" stated in the attached Table 2 - The date of commencement of expropriation: the appraisal corporation: the country's appraisal corporation and the ordinary appraisal corporation, the ordinary appraisal corporation.

C. The Central Land Tribunal rendered an objection on December 17, 2015 (hereinafter collectively referred to as the “instant adjudication”) - The Plaintiff raised an objection on the grounds that the amount of compensation for losses as prescribed by the adjudication of expropriation was excessive, but was dismissed, and the Defendants’ objections raised to increase the compensation for losses as prescribed by the adjudication of expropriation were accepted, and the compensation for losses for each of the instant lands was partially increased, and the increased compensation for losses are as stated in the [Attachment 2] column for the amount of compensation for losses.

- An appraisal corporation: One appraisal corporation and the Korea Appraisal Board (hereinafter referred to as the “appraisal”) together with an appraisal corporation, and the results of the appraisal shall be referred to as “adjudication appraiser,” along with the results of the appraisal of acceptance.