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(영문) 서울행정법원 2017.11.23 2017구단64098

손실보상금

Text

1. The Defendant’s KRW 4,415,663 as well as the Plaintiff’s annual rate of KRW 5% from July 12, 2017 to November 23, 2017.

Reasons

1. Details of ruling;

(a) Project name (1) Project name: The location and area of the project for the development of the Bogeumjari District B (1) (2): The project owner of the project: Gangdong-gu Seoul Metropolitan Government, D, E, Japan, 160,535 square meters (3): the process of the implementation of the project by the defendant (4) ① the public announcement of the designation of the Bogeumjari Housing District resident inspection on June 3, 201 (F in the public announcement by the Ministry of Land, Transport and Maritime Affairs) (2) the public announcement of the designation of the Bogeumjari Housing District and the topographic map on December 8, 2011 (G public announcement by the Ministry of Land, Transport and Maritime Affairs) (3) the public announcement of the approval of the alteration of the Bogeumjari Housing District and the district plan (H public announcement by the Ministry of Land, Transport and Maritime Affairs) on December 21, 2012;

B. Subject to the expropriation ruling (1) on November 10, 2016 by the Central Land Expropriation Committee on the expropriation on November 10, 2016: The Plaintiff’s 586,95/5,271,000 shares (hereinafter “Plaintiff’s land”): The Plaintiff’s 138 square meters out of the Plaintiff’s land shall be a road; the remainder of 3376 square meters shall be assessed as a total of 304,714,720 (3) and the date of expropriation of shares shall be deemed to be a total of 304,714,720 square meters: An appraisal corporation and an appraisal appraisal corporation in the form of an appraisal corporation: an appraisal corporation and an appraisal corporation in the form of an appraisal corporation.

(c) Increase in compensation for losses on May 25, 2017 by the Central Land Tribunal: 305,363,080 won, appraisal and assessment of the current status of land: Appraisal and assessment of the current status of appraisal and assessment: An appraisal and assessment of the appraisal and assessment of the appraisal and assessment of the appraisal and assessment of the appraisal and assessment of the land: A certified public appraisal and assessment of the appraisal and assessment of the appraisal and assessment of the general appraisal and assessment of the appraisal and assessment of the appraisal and assessment of the appraisal and assessment of the general appraisal and assessment of the appraisal and assessment of the appraisal and assessment of the dispute

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.

In addition, although part of the plaintiff's land is used as a road, due to the error of boundary, the plaintiff's land is provided as a road instead of the land classified as a road. Therefore, compensation for losses should be made on the premise that it falls under the remaining land before it is not a road,

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

(c) The result of the market price appraisal by K with the fact of recognition is as follows:

The court appraiser is the plaintiff.