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(영문) 서울행정법원 2018.11.30 2017구합73600
손실보상금
Text

1. The Defendant’s each of the Plaintiffs’ KRW 11,378,980 and KRW 5,607,980 among them, respectively, shall be KRW 5,71,00 from July 11, 2017 to KRW 5,71,00.

Reasons

1. Details of ruling;

(a) Project approval and public notice 1) Project approval: Private investment project (C Highway project (2 Sections) 6, hereinafter referred to as the “instant project”);

[2] Project implementer: A public announcement of project approval granted by the Defendant to the head of the Seoul Regional Construction and Management Administration 3: D public notification by the Ministry of Land, Infrastructure and Transport on August 7, 2015

B. The Plaintiffs, as part of the land owned by the Plaintiffs, owned 1/2 of co-ownership shares of 1/2 and 241 square meters of F forest land (hereinafter “instant land”) among co-ownership share 1/2 and 398 square meters of G forest land (hereinafter “instant remaining land”) in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, Seoul, respectively, and owned 1/2 of co-ownership shares as a group of land. However, the instant land 1 and 2 were incorporated into the instant project and remaining without being incorporated into the said project.

C. Subject to expropriation by the Central Land Expropriation Committee on June 8, 2017 (hereinafter “instant adjudication on expropriation”): The land stipulated in Articles 1 and 2 (hereinafter “instant land”).

(2) On July 3, 2017, the date of expropriation begins: The Plaintiffs’ compensation compensation amounting to KRW 28,658,520, respectively (i.e., co-ownership 1/2 compensation amounting to KRW 731,400 among co-ownership 1/2 compensation amounting to KRW 7,927,120), the portion of the claim for compensation for the remaining land: The claim for purchase of the remaining land and the claim for compensation due to price decrease were all dismissed.

5) An appraisal corporation: H (hereinafter “H”)

(i) Co., Ltd. I (hereinafter “I”);

A person shall be appointed.

D. As a result of the appraisal by the appraiser J of the instant court: The appraisal value of the Plaintiffs (i) is KRW 34,266,500, respectively (i.e., KRW 1/2 of co-ownership 1/2 of the instant land, KRW 88,000, KRW 33,378,500 of co-ownership 1/2 of the instant land): The remainder of the claim for compensation of KRW 2 of the instant land: The appraisal of KRW 1/2 of co-ownership 1/2 of the instant remaining land was conducted respectively as KRW 95,00 in cases where the use thereof is “forest”, and KRW 5,771,00 in cases of “former”.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 2, 5, and Eul Nos. 1 through 1.

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