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(영문) 서울행정법원 2014.01.17 2011구합24477

손실보상금증액

Text

1. The Defendant’s KRW 42,156,00 to Plaintiff A religious organization B, KRW 41,247,400 to Plaintiff C, and each of them on August 26, 2010.

Reasons

1. Progress of the rearrangement project and details of the adjudication;

(a) Business outline - Business type: Urban planning facility project name - Business name: D development project (hereinafter referred to as the “instant project”): Business site - Public notice of the implementation plan of Jung-gu, Seoul and Jung-gu, Seoul to 147,66§³ - Public notice of the Seoul Special Metropolitan City on April 2, 2009

B. The Central Land Tribunal’s ruling of expropriation on July 2, 2010 (hereinafter “adjudication of expropriation”): The date of expropriation: on August 25, 2010: The land owned by the Plaintiffs as shown in the “List of Land” attached Table 1 (hereinafter collectively “land to be expropriated”; each land is referred to as “land to be expropriated”; its lot number alone); - Compensation: Based on each appraisal result of the Korea Appraisal Board and the Korea Appraisal Board (hereinafter “Appraisal Board”) and the Korea Appraisal Board (hereinafter “Appraisal Board”) on the basis of the arithmetic mean of the values of appraisal (hereinafter “Appraisal Board”), the calculation of compensation amount as indicated in the “Adjudication of expropriation” column of attached Table 2 (hereinafter “Adjudication of expropriation”): The calculation standard: G land shall be deemed a road; and the remainder of 696 square meters shall be deemed forest and fields.

C. The Central Land Expropriation Committee’s ruling on October 29, 2010 (hereinafter “the said ruling”) - Compensation: Each statement made by the two appraisal corporations and the central appraisal corporations (hereinafter “appraisals”) on the basis of the arithmetic mean of the results of each appraisal (hereinafter “the said appraisal”) by both appraisal corporations and the central appraisal corporations (hereinafter “instant appraisal”): The amount of compensation to increase - standards for calculation: The amount of compensation to be assessed: the same as the expropriation ruling; the road appraisal portion of the G land shall be deemed a road and the remainder shall be deemed forest land and evaluated as forest land [based on recognition]; there is no dispute; Gap’s evidence 1, 2, Eul’s evidence 1 through 12 (including each number); the purport of the entire pleadings; and the purport of the entire pleadings.

2. The plaintiffs' assertion

A. Plaintiff B (1) 1) A gate (7m2), a pan-type hall (76m2), a 8m2 (8m2), a management room house (47m2) located on G land.