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(영문) 서울행정법원 2015.11.20 2015구합54575

손실보상금

Text

1. As to each of the above 4,073,450 won and each of the above 4,504,580 won to Plaintiffs A and B, Plaintiff C and D, respectively. < Amended by Presidential Decree No. 25079, Apr. 1, 2014>

Reasons

1. Details of ruling;

(a) Details of public works - Project name: E Expressway - Project implementer: Seoul Northern Highway Corporation (the defendant's agency for the affairs related to project management and land compensation): Public notice on June 5, 2012;F public notice by the Ministry of Land, Transport and Maritime Affairs;

B. The Central Land Tribunal’s ruling of expropriation on October 23, 2014 (hereinafter “adjudication of expropriation”): The date of commencement of expropriation: Land listed in the separate sheet No. 1 attached to the Plaintiffs (hereinafter collectively referred to as “each land of this case”) - Compensation for losses: The calculation of compensation for the Plaintiffs based on the arithmetic mean of each appraisal result of the daily appraisal corporation and the Flador appraisal corporation.

C. The Central Land Tribunal’s ruling on an objection on January 22, 2015 (hereinafter “Objection”): Compensation for losses: based on the arithmetic average of the respective appraisal results of the national appraisal corporations and the virtual appraisal corporations (hereinafter “appraisals on an objection”) (hereinafter collectively referred to as “appraisals on an objection”), the compensation for Plaintiffs A and B shall be calculated as KRW 256,480,420, respectively, the compensation for Plaintiffs C and D shall be KRW 236,226,50 (hereinafter referred to as KRW 7,341,60 for the Seoul Jung-gu G land, Seoul), and KRW 228,84,950 for H land (hereinafter referred to as “adjudications on an objection”): The purport of the entire pleadings is to include each of the items in subparagraphs 1 through 4, and 1 through 3 (including each of the items in the number of pleadings).

2. The plaintiffs' appraisal of the objection was unfairly underassessment of the market price of each land of this case. Thus, the defendant should pay the plaintiffs the difference in compensation calculated according to the result of the entrustment of market price to the appraisal corporation in charge of the decision of this court (hereinafter "court appraisal") (hereinafter "court appraisal") and the compensation for delay after deducting the compensation for the objection and the compensation for delay.

3.As shown in Appendix 2 of the relevant laws and regulations.