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(영문) 서울행정법원 2018.10.24 2018구단61492
손실보상금
Text

1. The portion of the claim for compensation following the designation of clearance zone among the lawsuits in this case shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Details, etc. of ruling;

(a) Business authorization and public notice - Business name: Private investment project (B; hereinafter referred to as “instant project”): A project implementer: the head of the Seoul Regional Construction and Management Administration- the head of the Seoul Regional Construction and Management- the public announcement of business authorization under the Defendant: December 27, 2016 (Public Notice C of the Ministry of Land, Infrastructure and Transport; hereinafter

B. The Central Land Tribunal’s ruling of expropriation on March 8, 2018 - Subject matter of expropriation: Driju (hereinafter “Dri”) E-road 5 square meters (hereinafter “Dri”) in Gwangju City, F factory site 606 square meters (divided from July 9, 2013 to G factory site 2,083 square meters before subdivision; hereinafter “No. 2 land”) and obstacles, etc. (hereinafter “each of the instant land” with “each of the instant land”; hereinafter “subject matter of expropriation” with each of the instant land; hereinafter “the instant subject matter of expropriation”) - Remaining land of G factory site 1,477 square meters (hereinafter “the instant remaining land”): Compensation for losses: (i) each of the instant land of this case, 256, 36, 900 square meters, and F factory site 2,083 square meters and divided into July 9, 2013; and (ii) the remaining land of this case is dismissed on the ground that no interference exists with the date of expropriation. 507407.

The court appraiser H’s appraisal result (hereinafter “court appraiser” and “court appraisal”) - The court appraiser was ① with respect to each of the instant land, and ① with respect to each of the instant land, the special-purpose area, utilization status, surrounding environment, etc., 954 square meters [the planning management and utilization status: industrial, road traffic: the three-dimensional (a) in the case of industrial, road traffic, and land price: 200,000 square meters: 20,000 square meters in the case of land price] were selected as a comparative standard and the time adjustment was made and the regional factors and individual factors of each of the instant land were compared. As of June 29, 2016 on the 1,413 square meters of J factory site, other factors were corrected based on the transaction cases as of June 29, 2016. ② With respect to each of the instant obstacles, the structure, employer, construction, ancillary facilities, and degree of use are comprehensively considered.

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