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(영문) 서울행정법원 2019.03.21 2018구단62631
손실보상금
Text

1. The Defendant’s KRW 946,00 and the Plaintiff’s annual interest from April 27, 2018 to March 21, 2019.

Reasons

1. Details of ruling;

(a) Project approval and publication - Project name: C project name: Defendant - A project operator: Alteration of specific-use area and approval of topographic drawings: Public notice of May 26, 201, as G-A public notice of project approval (public notice of approval of implementation plans): The F-public notice of port-si on November 22, 2012;

(b) G Committee’s adjudication on expropriation on September 25, 2017 - The area subject to expropriation: The sum of KRW 102,945,500 square meters prior to the wife population H (hereinafter “H land”) and KRW 34 square meters prior to the said I (hereinafter “I land”): 102,945,500: The sum of KRW 7,973,000: 110,918,500 - the date of commencement of expropriation: - The land appraisal corporation J, the LAB K - the comparative standard land: All the two appraisal corporations: H and I land-based comparison standard land: 2,416 square meters (the status of use: the natural green area, the road traffic: the Maol / the luol / the luol / the luol / the luol / the luol / the luol / the luol).

(c) The Central Land Tribunal’s ruling on April 26, 2018 - Compensation H land: 104,921,000 won: The aggregate of KRW 8,126,000: 113,04,047,000 in the amount of land:

2. The assertion and judgment

A. The amount of compensation for an objection to the land of H and I owned by the Plaintiff cannot be deemed a legitimate amount of compensation. Thus, the Plaintiff seeking additional compensation equivalent to the difference between a reasonable amount of compensation according to the court’s appraisal result and the amount of compensation for the said adjudication.

However, the Plaintiff sought payment of KRW 1,00,000,000, which shows a little difference between the amount of compensation according to the court’s appraisal result and the amount of compensation for objection, through the Plaintiff’s claim and the application for modification of the cause of claim as of January 15, 2019.

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