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(영문) 서울행정법원 2018.01.18 2017구단71362

손실보상금

Text

1. The Defendant’s KRW 50,286,420 as well as the Plaintiff’s annual rate of 5% from November 19, 2016 to January 18, 2018.

Reasons

1. Details of ruling;

(a) Business name (1) Business name: The location and area of the B-Housing Redevelopment Improvement Project (2): The project implementer of Seodaemun-gu Seoul Metropolitan Government 106,661.8§³ (3): The details of the authorization for the progress of the project of the Defendant (4) and the designation and public announcement of the urban renewal acceleration district on October 19, 2006 (the Seoul Special Metropolitan City public notificationD) (2) The designation and public announcement of the alteration of urban renewal acceleration districts and the determination of urban renewal acceleration plans on February 5, 2008 (the Seoul Special Metropolitan City public notification E) (the public announcement of the authorization for project implementation on March 31, 200 (the

B. Subject to the expropriation ruling (1) on September 30, 2016 by the local Land Tribunal of Seoul Special Metropolitan City: (2) 755,236,710 square meters (hereinafter referred to as the “Plaintiff’s land”) owned by the Plaintiff: The date of commencement of expropriation: 755,236,710 won (3): The appraisal and assessment company of the Korea Land Tribunal of Special Metropolitan City and the Korea Land Tribunal of Special Metropolitan City (hereinafter referred to as the “Plaintiff’s land”): The appraisal and assessment company of the Korea Land Tribunal of Special Metropolitan City

(c) Increase in compensation for losses by the Central Land Expropriation Committee on August 24, 2017: The Plaintiff’s land 78,236,660 won (2) appraisal: A certified public appraisal corporation which has held a conflict of interest in a dispute, and a certified public appraisal corporation which has held a conflict of interest in a dispute (based on recognition), Gap’s evidence 1, 2, Gap’s evidence 3-1, 2, Eul’s evidence 1-1, 2, Eul’s evidence 1-2, Eul’s evidence 2, Eul’s evidence 3-1, 3-2, and the purport of the entire pleadings;

2. Determination:

A. The purport of the Plaintiff’s assertion is that the Plaintiff’s land calculated in the adjudication on acceptance of compensation for losses and the adjudication on compensation for losses is low.

The amount of compensation according to the results of the court appraisal shall be increased.

(b) as shown in the attached Form of the relevant statutes;

C. As a result of the market price appraisal by H of the fact-finding appraiser H, the Plaintiff’s land was assessed as KRW 828,523,080 as of September 30, 2016, which was the date of expropriation ruling.

A court appraiser shall select Mapo-gu I large 73 square meters as a comparative standard for the land located in the same or similar neighboring areas, such as the Plaintiff’s land and specific use area, surrounding environment, land category, and current use, etc., from which the comparative standard land is located from the officially announced land price of January 1, 2009 up to September 30, 2016, which is the date of adjudication of expropriation from the officially announced land price of January 31, 2009.