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(영문) 서울행정법원 2020.01.16 2019구단61833

손실보상금 증액 청구의 소

Text

1. The defendant

A. As to the Plaintiff A’s KRW 3,356,680 and KRW 2,00,000 among them, from August 11, 2018 to June 11, 2019.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: C Housing redevelopment and rearrangement project (V): Defendant-project operator: Defendant-public announcement of project approval: D public announcement in Seongbuk-gu Seoul Metropolitan Government on June 20, 2013;

B. The adjudication of expropriation made on June 22, 2018 by the local land expropriation committee of Seongbuk-gu Seoul Metropolitan City: The plaintiffs share the share of 1/2 shares (hereinafter "land in this case") and ① the adjudication of expropriation of all obstacles to the above land and buildings, etc., and ② the detailed statement of compensation for the said adjudication, the types, structure, and specifications of the goods are as follows: "Housing (1st floor) 92.79 square meters (1st floor), toilets, boiler rooms (1st floor), 9.15 square meters (1st floor), warehouses (1st floor), and 6.42 square meters (1st floor)."

(hereinafter referred to as “the obstacles of this case”) since the plaintiffs share the land and obstacles of this case in the proportion of 1/2 shares, in principle, compensation for losses to the plaintiffs should be calculated equally.

However, as seen below, the expropriation ruling was somewhat different from the compensation for losses of the land of this case, and the compensation for losses of the obstacles of this case was assessed differently from the amount of the compensation for losses of the obstacles of this case. Thus, it is difficult to clearly understand the grounds on which the plaintiffs' compensation for losses is otherwise calculated.

The appraisal report of the Fund in charge of the appraisal and assessment of expropriation shall include the unit price of 1/2 of the instant land owned by the Plaintiff A in the amount of KRW 3,030,00,000, and the unit price of 1/2 of the instant land owned by the Plaintiff in the amount of KRW 3,090,000/m2, among the instant land owned by the Plaintiff, respectively. The appraisal report of the GAA in charge of appraisal and assessment of expropriation is equally written on the unit price of 1/2 of the instant land owned by the Plaintiff and the unit price of 1/2 of the instant land owned by the Plaintiff in the amount of KRW 3,09,00/m2

The I shall have conducted the appraisal and assessment of the case.