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(영문) 서울행정법원 2018.08.23 2017구단78431

손실보상금

Text

1. The Defendant’s KRW 6,592,940 as well as the annual rate of KRW 5% from November 19, 2016 to August 23, 2018.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: B housing redevelopment rearrangement project - Project implementer: Defendant - Public announcement of project approval: Songpa-gu Seoul Metropolitan Government on August 16, 2013;

(b) Decision on expropriation made on September 30, 2016 by the local Land Tribunal of Songpa-gu Seoul Metropolitan City (hereinafter “instant land”) - All obstacles, such as building on the land owned by the Plaintiff (hereinafter “instant obstacles”): November 18, 2016: 1,119,10,00 won for the instant land: 1,204,203,910 won for the instant obstacles: 104,203,910 - An appraisal corporation, F20.7m2.7m2, Songpa-gu Seoul Metropolitan Government (a state of use, a specific use area: a Class-2 general residential area, a road traffic: a small road, a shape/bridge/bridge) for the instant land.

C. Determination by the Central Land Tribunal on October 26, 2017 - The instant obstacles: 1,145,732,000 won: 105,32,000 won: The instant obstacles: 105,323,060 won; - The comparison standard land: both the above two appraisal corporations shall be the land size of 202.7 square meters in Songpa-gu Seoul Metropolitan Government (the current use: the specific use area: the Class-II general use area; the Class-II general use area; the road traffic: the road traffic area: the sloping/paths): the fact that there is no dispute on the basis of the comparison standard land of the instant land; the purport of each entry and the entire pleadings in the evidence Nos. 1 and 2 (including the land number; hereinafter the same shall apply).

2. The assertion and judgment

A. The Plaintiff’s assertion is seeking additional compensation corresponding to the difference between a reasonable amount of compensation according to the court’s appraisal result and the amount of compensation for the said judgment on the instant land and obstacles.

(However, the plaintiff sought an amount of 100,000 won more than the above difference in order to leave room for appeal. (B)

Judgment

1. In a lawsuit concerning an increase or decrease of land expropriation compensation, each appraisal that forms the basis for the adjudication.