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(영문) 서울행정법원 2018.04.12 2017구단66049

보상금증액

Text

1. The Defendant: (a) KRW 115,658,700 for the Plaintiff and KRW 5% per annum from January 4, 2017 to April 12, 2018; and (b) the Plaintiff.

Reasons

1. Details of ruling;

(a) A project approval and public announcement - A public housing project: A public housing project (B public housing zone - A project operator: Defendant - A project approval: Designation of a public housing zone and public announcement of topographic drawings, etc., announced by the Ministry of Land, Transport and Maritime Affairs on December 8, 2011;

B. The Central Land Expropriation Commission’s ruling on expropriation on November 10, 2016 - Subject to expropriation: D 3,743 square meters in Gangdong-gu Seoul Special Metropolitan City (hereinafter “instant land”) owned by the Plaintiff, and other land owned by the Plaintiff, including ① 132 square meters in Gangdong-gu Seoul Metropolitan City Embol land, ② 1,322 square meters in the above F Miscellaneous land, ③ the above G miscellaneous land, ③ 1,783 square meters in the above G miscellaneous land. However, the Plaintiff did not seek an increase in compensation for each land, but did not carry out the above (i) or (iii) the court’s appraisal on each land. In this regard, only the compensation for the instant land should be examined.

- From the starting date of expropriation: 2,797, 331,050 won: An appraisal corporation: An appraisal corporation with a large appraisal corporation, an appraisal corporation with a large appraisal corporation, and an appraisal corporation with a comparative standard: All of the above two appraisal corporations shall be selected as one thousand five hundred and fifty square meters in Gangdong-gu Seoul Metropolitan Government [a status of use: a status of use: a development-restricted area: a development-restricted area, a natural green area, a road traffic: a vertical length (a) and a shape/path: a detailed/path of land).

(c) The Central Land Tribunal’s ruling on June 22, 2017 - Compensation for losses: 2,848,048,700 won: An appraisal corporation and a joint appraisal and evaluation corporation’s appraisal and evaluation corporation’s appraisal and resolution division: The comparative standard area: All of the above two appraisal and evaluation corporations shall be selected [the grounds for recognition: evidence Nos. 1, 2 (including a provisional number; hereinafter the same shall apply), and Nos. 1, 3, 4, 6, and 7 [the grounds for recognition] and all of the statements and arguments in the evidence Nos. 1, 2 (including a provisional number; hereinafter the same shall apply], 3, 6, and 7.

2. The assertion and judgment

A. As to the Plaintiff’s assertion, the difference between a reasonable amount of compensation according to the court’s appraisal result and the amount of compensation for the said ruling.