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(영문) 서울행정법원 2019.06.20 2018구단75125
손실보상금
Text

1. The Defendant’s KRW 34,596,400 as well as 5% per annum from March 17, 2018 to June 20, 2019 to the Plaintiff.

Reasons

1. Details of ruling;

A. Project approval and public notice - Project name: C Urban environment rearrangement project (Ij) (hereinafter referred to as the “instant project”) shall fall under the urban renewal acceleration project under the special Act for the promotion of urban renewal.

In an urban renewal acceleration district pursuant to Article 3 (1) of the above Act, the above Act shall take precedence over other Acts.

- Project implementer: Defendant - Public announcement of project approval: Public announcement of project approval for the urban environment rearrangement project implementation of D C publicly announced on December 28, 2015 by Jung-gu Seoul Metropolitan Government.

B. The Seoul Special Metropolitan City Local Land Tribunal’s ruling on expropriation - subject to expropriation on January 26, 2018: According to the copy of the register of the building in Jung-gu, Seoul Special Metropolitan City and the above ground buildings owned by the Plaintiff (hereinafter “instant land”) and the details of the building are registered as “the details of the building shall be “the 1st floor of 25.16 square meters and 25.16 square meters of 25.16 square meters of 1st and 25.16 square meters of 1st class neighborhood living facilities on the second floor of

However, according to the acceptance ruling and the statement of compensation for objection, the total floor area is assessed as 26.6 square meters per floor and 26.6 square meters per second floor.

(hereinafter referred to as the "building in this case") - The building in this case as compensation for losses: 38,570,000 won: - The date of expropriation: March 16, 2018 - The appraisal corporation shall select a H-105.8 square meters in Jung-gu, Seoul as a comparative standard for the land of this case (for commercial use: commercial use, commercial use area, general commercial area, road traffic (non-pact), shape/land: sridge/pact): all of the two appraisal corporations as a comparative standard for the land of this case.

C. Determination by the Central Land Tribunal on October 25, 2018 - The instant building: 582,920,000 won: - The instant building: 40,432,000 won: the International Land Tribunal in charge of the settlement of accounts, the Bank of Bankruptcy J - the comparison standard: The above two appraisal corporations shall be the comparative standard of the instant land, in which they select [use: commercial use: commercial use: general commercial use area, road traffic: vertical area, carbath, shape/path: the ground for recognition] as the comparative standard of the instant land, and there is no dispute over the selection [use] of the Seoul Jung-gu H 105.8 square meters in terms of the comparative standard of the instant land.

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