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(영문) 서울행정법원 2018.08.13 2017구단81192

보상금증액청구의 소

Text

1. As to each of the Plaintiffs’ KRW 7,619,634 and each of the KRW 5,033,30 from March 11, 2017 to August 13, 2018.

Reasons

1. Details, etc. of ruling;

(a) Authorization and public notice of project implementation - Project name: C Housing redevelopment rearrangement project - Project implementer: Defendant - Public notice of project implementation authorization: Yeongdeungpo-gu Seoul Metropolitan Government public notice of August 30, 2012;

B. The Seoul Metropolitan City Local Land Tribunal’s ruling of expropriation on January 20, 2017 - The subject matter of expropriation: The Plaintiffs’ respective 1/3 equity (the Plaintiffs’ respective 1/3 equity as to the above subject matter of expropriation are not seeking an increase in the compensation for the above building in the lawsuit in this case, and thus, only the Plaintiffs’ respective 1/3 equity as to the above subject matter of expropriation are referred to as “the subject matter of expropriation in this case”). - The compensation for expropriation as to the subject matter of expropriation in this case: each of the Plaintiffs’ 153,541,660 won - the date of commencement of expropriation: March 10, 2017.

The Central Land Tribunal's ruling on an objection made on November 23, 2017 - The plaintiffs' each 154,550,000 won - The appraisal corporation: the appraisal corporation's interest rate and the appraisal corporation's interest rate, the appraisal corporation's interest rate and the appraisal corporation's interest rate and the appraisal corporation's interest rate and the appraisal corporation's interest rate (a ground for recognition), the entries in Gap's evidence

2. The assertion and judgment

A. The parties' assertion 1) The defendant each of the plaintiffs as to ① the result of the appraisal conducted by the court appraiser F with due compensation for losses for the subject matter of confinement in this case (hereinafter "court appraisal").

(2) Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter referred to as “Land Compensation Act”) for the increased compensation of KRW 5,033,330 equivalent to the difference between KRW 159,583,330 and KRW 154,50,000.

(2) In a lawsuit seeking the increase of compensation amount, such as the Defendant’s instant case, the amount of the reasonable amount of compensation for the object of expropriation exceeds the amount of compensation determined by the ruling on the objection and only the amount thereof can be deliberated.

Any delay of an application for adjudication.