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(영문) 서울행정법원 2016.04.14 2014구합72774

잔여지가치하락손실보상금

Text

1. The defendant

A. Plaintiff B and C each of KRW 15,038,750, and 5% per annum from May 31, 2012 to April 14, 2016.

Reasons

1. Details of ruling;

A. Business Approval and Public Notice - Business Name and Public Notice: ① F road expansion works (Public Notice: G publicly Notice in Seoul Special Metropolitan City on May 13, 2010), ② F road expansion works (Public Notice: H: April 28, 201) (Public Notice in Seoul Special Metropolitan City on April 28, 201), and each of the above projects (hereinafter “instant primary projects” and “the instant secondary projects” collectively referred to as “instant projects”): Defendant:

B. Plaintiff D and E are the owners of each land incorporated into the instant primary project zone, and the Plaintiff A, B, and C are the owners of each land incorporated into the instant secondary project zone.

(The land of Gangdong-gu Seoul, which belongs to the primary business area of the instant case, was owned by the deceased J. The deceased died on September 28, 2012, and the deceased E, who was his heir, succeeded to the said land due to the agreement division).

Each land owned by the Plaintiffs was divided as indicated in the separate sheet of land incorporated in the same list as the land incorporated in the separate sheet, and the land stated in the same list was incorporated for the instant project (hereinafter “instant incorporated land”), and accordingly, each land listed in the separate sheet Nos. 2 and the separate sheet No. 2 (hereinafter “each remaining land of this case” and the individual land is specified by the sequence No. 1) remains without being incorporated into the instant project.

With respect to the instant primary business, Plaintiff D entered into a sales contract with the Defendant for the land of Gangdong-gu Seoul Metropolitan Government on October 4, 2010 among the list of the land annexed to attached Table 1, and completed the registration of ownership transfer to the Defendant on the same day. On December 21, 2010, Plaintiff D entered into a sales contract for the land of Gangdong-gu Seoul Metropolitan Government on the list of land annexed to attached Table 1 and completed the registration of ownership transfer on the same day.

E. In relation to the instant secondary business, the Defendant rendered a ruling to expropriate the New Land of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, which was jointly owned by the Plaintiff, Plaintiff B, and C, among the list of land incorporated in Attached Table 1 on April 6, 2012, and the date of commencement of the expropriation was determined on May 30, 2012.

(f).