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(영문) 서울행정법원 2018.04.12 2017구단64173
손실보상금
Text

1. The Defendant: 19,450,160 won to Plaintiff B; 4,340,380 won to Plaintiff C; 16,729,590 won to Plaintiff F; and 7,533.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: M redevelopment and rearrangement project - Business operator: Defendant - Business approval: N in the public notice of Eunpyeong-gu Seoul Metropolitan Government on December 11, 2014;

(b) The Seoul Special Metropolitan City Regional Land Tribunal's ruling on expropriation on July 22, 2016 - Each item of the objects to be expropriated in the annexed list;

(hereinafter referred to as "objects subject to expropriation of this case") . - The commencement date of expropriation: September 9, 2016 - Compensation items for losses: as described in each item of the compensation adjudication item in the separate sheet.

(A) A decision shall be made to pay late-payment additional charges pursuant to Article 30 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects to the plaintiffs, but the plaintiffs do not assert the increase in the compensation for this item, so this part shall not be examined. - An appraisal corporation shall not be examined in this part.

(c) The Central Land Tribunal’s ruling on May 25, 2017 - Compensation for losses: Each description of the items of compensation for the ruling on objection in the separate sheet.

- An appraisal corporation: Each entry and all pleadings in Qa-R (based on recognition) No. 1, No. 2, and No. 1 through No. 4 (including paper numbers; hereinafter the same shall apply)

2. The assertion and judgment

A. The Plaintiffs’ assertion that the amount of compensation for objection against the subject-matter of the instant expropriation cannot be deemed a reasonable amount of compensation. Thus, the Plaintiffs seek payment of money equivalent to the difference between a reasonable amount of compensation due to the court’s appraisal and the amount of compensation for objection.

(B) However, the Plaintiffs did not seek an increase in compensation for each item of land and obstacles, the court’s appraisal amount of each item of each item of land and obstacles reduced compared to the amount of compensation subject to the adjudication, as they finally changed the purport of claim and cause of claim through an application for change of claim and cause of claim as of March 9, 2018. In addition, the Plaintiffs seek an additional amount of KRW 100,000 for each difference sought by the Plaintiffs for the room for appeal.

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