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(영문) 서울행정법원 2015.03.06 2013구합56010

손실보상금

Text

1. The Defendant shall pay to the Plaintiffs each amount of KRW 255,939,520 and each of the above amounts, from July 13, 2013 to May 14, 2014.

Reasons

1. Details of ruling;

(a) Business title - Business name: D Urban Natural Park development project - Project implementation district: Defendant - Project implementation district - Public notice of business approval - Nowon-gu in Seoul Special Metropolitan City, Nowon-gu on June 14, 2012

B. The Seoul Special Metropolitan City Local Land Tribunal’s ruling of expropriation (hereinafter “adjudication of expropriation”) on May 24, 2013 - The date of expropriation: The date of expropriation: the Plaintiffs’ ownership (each of the above lands shall be referred to as “instant land” and the number of individual land shall be referred to as “number of lot numbers”) - Compensation: The calculation shall be made in the same manner as indicated in the attached Table 1 detailed statement of compensation [based on recognition] based on the arithmetic mean of each appraisal result (hereinafter collectively referred to as “adjudication appraisal”) of the Daewon and the appraisal corporation of the corporation (hereinafter collectively referred to as “an appraisal”): The statement in the attached Table 1, Nos. 1, 2, and Nos. 1 through 7 (including the number of each lot number), each of the statement in the Plaintiffs’ ownership (hereinafter referred to as “each of the above lands”). The purport of the entire pleadings is as follows:

2. Although the lower court assessed the entire land of this case as “forest”, the part of the G land, which was used as “former” since 1966, prior to the designation of a development restriction zone for each of the instant land, was 2,249.64 square meters of G land and 1,125.54 square meters of H land, and thus, the lower court should be assessed as “former” in accordance with the present situation assessment principle.

In addition, the adjudication appraiser has assessed the goods, etc. of the land to be expropriated and the correction of other factors, and calculated the compensation to the plaintiffs too low, the defendant shall additionally pay the compensation to the plaintiffs according to the results of the market price entrustment (hereinafter referred to as "court appraisal") to the Pacific Appraisal Corporation (A certified public appraiser I in charge and hereinafter referred to as "court appraiser").

3. Attached Form 3 of the relevant legislation is as indicated in the relevant legislation.

4. Determination

(a)in this case;