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(영문) 서울행정법원 2016.10.06 2016구합55551
토지수용보상금증액
Text

1. The defendant shall pay to the plaintiff A KRW 7,476,490, and KRW 1,170,000 to the plaintiff B, and each of them shall be repaid from October 7, 2016.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: C Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”); and the area related to the said project is referred to as “instant project zone”): Defendant - Public notice of project implementation authorization: Seongbuk-gu Seoul Metropolitan Government public noticeD on April 11, 2013

B. The Seoul Regional Land Tribunal’s ruling on expropriation on June 26, 2015 - The date of commencement of expropriation: August 14, 2015 - Land E (hereinafter “instant land”) owned by the Plaintiff and attached Form on the ground

1. Plaintiff B’s business (hereinafter “instant business”) which operated the trade name “F” on the 1st and second floors of the obstacles in this case (hereinafter “the obstacles in this case”) and the 448,920,000 won of the instant land, and 45,207,230 won of the instant obstacles, and 2. Plaintiff B: 47,310,000 won of the instant business.

C. The Central Land Tribunal’s ruling on January 21, 2016 – Compensation: ① Plaintiff A: 45,653,800 won for the instant land; and KRW 48,983,010 for the instant obstacles; ② Plaintiff B: 50,530,000 for the instant business; - An appraisal corporation: A certified public appraisal corporation, A certified public appraisal corporation, a joint-use appraisal corporation, a joint-use appraisal corporation, and a joint-use appraisal corporation (hereinafter referred to as “object appraisal”) for the said appraisal (hereinafter referred to as “instant appraisal appraiser”); the said appraisal result is without dispute; the said appraisal result is deemed to have no dispute [based on recognition]; Gap’s evidence 1 through 5; Eul’s evidence 1 and 2 (including each number); and the purport of the entire pleadings.

2. The assertion and judgment

A. Since the appraisal result of the plaintiffs' objection is excessively low compared to the surrounding location and transaction price, the plaintiffs seek the difference between the legitimate compensation and the appraisal result of the objection.

B. Attached Form of relevant statutes

2. The description;

C. 1) The instant land is located in Seongbuk-gu Seoul Metropolitan Government G.

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