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(영문) 서울행정법원 2018.07.06 2017구합59154

토지수용이의재결처분 취소 청구의 소

Text

1. The Defendant’s KRW 27,538,80 for the Plaintiff and KRW 5% per annum from August 13, 2016 to July 6, 2018.

Reasons

1. Details, etc. of ruling;

(a) Authorization and public notice of project implementation - Project name: B housing redevelopment rearrangement project - Project implementer: Defendant - Public notice of project implementation authorization: Seodaemun-gu Seoul Metropolitan Government on December 5, 2012;

B. Decision on expropriation made on June 24, 2016 by the local Land Tribunal of Seoul Metropolitan City: D large 212 square meters (hereinafter “instant land”) and housing units on its ground, etc. - Compensation for expropriation adjudication made on expropriation: The same shall apply to the corresponding part of the attached compensation sheet.

- Date of commencement of expropriation: An appraisal corporation on August 12, 2016 - An appraisal corporation: a new appraisal corporation in the future, a stock company, Korea Standards for Korea Appraisal Corporation;

(c) The Central Land Tribunal’s ruling on February 23, 2017 - Any objection made on February 23, 2017 - The compensation for objection made shall be as specified in the corresponding part of the attached Form

- An appraisal corporation: An appraisal corporation and a corporation;

D. The court appraiser E’s appraisal of the instant land (hereinafter the above appraiser’s appraiser’s “court appraiser”, and the above appraiser’s appraisal “court appraisal”) selected F&136 square meters as a comparative standard for the instant land and conducted time adjustment and compared the regional factors and individual factors with respect to the instant land. The court appraiser corrected the other factors, and calculated the appraised value as indicated in the corresponding part of the separate compensation sheet.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number in the case of additional number), and the purport of the whole pleadings

2. The assertion and judgment

A. When considering the size, location, environment, utilization situation, etc. of the land of this case asserted by the Plaintiff, the adjudication on compensation for losses on the land of this case does not reach the legitimate compensation, and thus, 80,000,000 won corresponding to the difference and damages for delay are claimed.

(b)in litigation with respect to an increase or decrease of 1 compensation, each appraisal and court that forms the basis of adjudication.